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08-22-1984 MinutesBOARD OF SUPERVISORS MINUTES August 22, 1984 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. G. H. Applegate, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richard L. Hedrick County Administrator Staff in Attendance: Mr. Stanley R. Balderson, Dir. of Planning Chief Robert Eanes, Fire Department Mr. Robert Galusha, Personnel Dir. Mr. James Gillentine, Nursing Home Admin. Mr. Robert Hodder, Building Official Mr. Elmer Hodge, Asst. County Administrator Mr. Robert Masden, Asst. Co. Admin. for Human Services Mr.~Richard McElfish, Environmental Eng. Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Public Info. Officer Mr. Jeffrey Muzzy, Asst. Co. Admin. for Community Develop. Mr. Lane Ramsey, Dir. of Budget & Acctg. Mr. Charles Quaiff, Sup. of Accts. & Records Mr. M. D. Stith, Jr., Exe. Asst. to Co. Adm. Mr. David Welchons, Dir. of Utilities Mr. Daniel called the meeting to order at the Courthouse at 9:00 a.m. (EDST). 1. INVOCATION Mr. Daniel introduced Reverend W. Bruce Wilder, Pastor of Christ the King Lutheran Church, who gave the invocation. 2. APPROVAL OF MINUTES 2.A. AMENDMENT TO JULY 25, 1984 On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved corrections to the minutes of July 25, 1984 which were amended incorrectly on August 8, 1984 to as originally written as follows: "9. K. 3. SEWER ITEMS 9.K.3.a. .REQUEST FOR PUBLIC SEWER IN JIMMY WINTERS ROAD AREA On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved and authorized the Utilities Department to send contracts to the existing homes in Jimmy Winters Road area to ascertain the number of residents that will agree to connect to public sewer which estimated cost'is $50,300.00. Vote: Unanimous" 84-466 Vote: Unanimous 2.B. MINUTES OF AUGUST 2, 3 and 4, 1984 Mr. Daniel inquired if these minutes were the official minutes of the meeting and if they were the only copy published by either Board in attendance. Mr. Micas stated he was not aware of any others. Mr. Daniel requested that a copy of the minutes be forwarded to the School Board for concurrence. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board approved the minutes of August 2, 3 and 4, 1984, as amended, subject to the School Board's concurrence. Vote: Unanimous 2.C. MINUTES OF AUGUST 8, 1984 On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved the minutes of August 8, 1984, as submitted. Vote: Unanimous 3. COUNTY ADMINISTRATOR'S COMMENTS Mr. Hedrick introduced Ms. Bonnie Winston with the Richmond Times Dispatch who was substituting for Paula Squires, Ms. Cheryl Munn with WRNL Radio who was substituting for Scott Hogenson, and Ms. Marguerite Bardone with WTVR who was substituting for Eric Allen. Mr. Hedrick introduced Ms. Venita Peyton, with Storer Cable Television, and stated she would be going to North Carolina to establish and direct a local access cable studio in the Raleigh Civic Center. The Board wished Ms. Peyton much success in her future endeavors. Mr. Hedrick stated the Richmond Metro Chamber of Commerce annually selects a group of outstanding leaders in the community to participate in the Leadership Metro Program. He stated Mr. Elmer Hodge was selected to participate in this program along with 40± people in the Metro area. He stated they will be meeting with state and local business leaders from the community to learn more about Richmond and the Metro area. The Board congratulated Mr. Hodge on his selection. 4. ITEMS TO BE DELETED OR HEARD OUT OF SEQUENCE On motion of Mr. Applegate, seconded by Mr. Mayes, the Board moved item 7.A., Public Hearing to Consider an Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Amending Sections 20-7 and 20-27 Relating to Connection Fees for the Sewer and Water System to after item 9.E.2.d., and adopted the agenda as amended. Vote: Unanimous 5. RESOLUTIONS OF SPECIAL RECOGNITION 5.A. JOHN BALDOCK, POCAHONTAS STATE FOREST RANGER Mr. Hedrick introduced Mr. John Baldock, Forest Ranger for Pocahontas State Forest. 84-467 On motion of the Board, the following resolution was adopted: WHEREAS, Mr. John Baldock will retire from the Virginia Division of Forestry on August 31, 1984; and WHEREAS, Mr. Baldock has served as Forest Ranger at Pocahontas State Forest since November 16, 1967 providing years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Baldock's diligent service will be sorely missed as he supervised the implementation of the multi-use program, the timber sales, the layout and construction of forest roads, the site preparation and reforestation of harvested areas, as well as many other aspects of the Forest operation. NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors publicly recognizes Mr. Baldock and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County. AND, BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Baldock and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Daniel recognized Mr. Baldock's family and presented Mr. Baldock with the framed resolution. Mr. Baldock expressed appreciation to the Board for the cooperation received from the County and for this recognition. 5oSo ETTRICK CITIZENS ADVISORY COMMITTEE Mr. Balderson stated the proposed resolutions recognize the members of the Ettrick Citizens Advisory Committee which was instrumental in promoting the Community Development Block Grant program in Ettrick and assistance to County staff to ensure that this program was successful. He stated there would be a dinner to which the Board has been invited at which time the resolutions would be presented. Mr. William Hawkins expressed, on behalf of the Ettrick Citizens Advisory Committee, appreciation for the help, assistance and cooperation which the Board had given. He stated much has been accomplished but there are still things that need attention. He expressed special appreciation to Mrs. Linda Grasewicz for her assistance in this endeavor. On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors eStablished the Ettrick Citizens Advisory Committee in ~978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mr. James H. Brockwell was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mr. Brockwell served faithfully on the Ettrick Citizens Advisory Committee until his death; and WHEREAS, Mr. Brockwell's six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. 84-468 NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Mr. James H. Bro6kwell for his loyal and dedicated service to the citizens of Chesterfield County. Vote: Unanimous On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mr. Leon Crawley was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mr. Crawley has served faithfully on the Ettrick Citizens Advisory Committee; and WHEREAS, Mr. Crawley's six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Mr. Leon Crawley for his loyal and dedicated service to the citizens of Chesterfield County. · Vote: Unanimous On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mr. William Hawkins was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mr. Hawkins has served faithfully as Chairman of the Ettrick Citizens Advisory Committee since 1978; and WHEREAS, Mr. Hawkins' six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Mr. William Hawkins for his loyal and dedicated service to the citizens of Chesterfield County. Vote: Unanimous On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and 84-469 WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mr. Thomas Verdell was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mr. Verdell has served faithfully on the Ettrick Citizens Advisory Committee; and WHEREAS, Mr. Verdell's six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Mr. Thomas Verdell for his loyal and dedicated service to the citizens of Chesterfield County. Vote: Unanimous On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mrs. Janice Via was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mrs. Via has served faithfully on the Ettrick Citizens Advisory Committee and has coordinated the Ettrick "Clean-up Campaign" for three years; and WHEREAS, Mrs. Via's six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors o~ Chesterfield County hereby expresses its appreciation to Mrs. Janice Via for her loyal and dedicated service to the citizens of Chesterfield County. Vote: Unanimous On motion of the Board, the following resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, the Ettrick Citizens Advisory Committee service has been instrumental in successful completion of the Community Development Block Grant program; and WHEREAS, Mr. Arthur Willis, III was appointed to the Ettrick Citizens Advisory Committee on October 11, 1978; and WHEREAS, Mr. Willis has served faithfully on the Ettrick Citizens Advisory Committee; and 84-470 WHEREAS, Mr. Willis' six years of service to the citizens of Chesterfield County and the Village of Ettrick deserves special recognition. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Mr. Arthur Willis, III for his loyal and dedicated service to the citizens of Chesterfield County. Vote: Unanimous On motion of the Board, the fOllowing~resolution was adopted: WHEREAS, the Board of Supervisors established the Ettrick Citizens Advisory Committee in 1978 to provide Chesterfield County with citizen feedback during the Community Development Block Grant Program; and WHEREAS, Virginia State University is an important member of the Ettrick Community and a representative of this institution was appointed in 1980 to the Ettrick Citizens Advisory Committee; and WHEREAS, Virginia State University has worked closely with Committee members in addressing CDBG program needs. NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Chesterfield County hereby expresses its appreciation to Virginia State University for its support of the Ettrick Citizens Advisory Committee and Ettrick residents. Vote: Unanimous 5.C. MARGARET M. BALDOCK, UTILITIES DEPARTMENT Mr. Galusha introduced Mr. David Welchons. Mr. Welchons introduced Mrs. Baldock and stated appreciation for her many years of dependable service with the Utilities Department. On motion of the Board, the following resolution was adopted: WHEREAS, Mrs. Margaret M. Baldock will retire from the Utilities Department, Chesterfield County, on September 1, 1984; and WHEREAS, Mrs. Baldock has pr6vided 17 years of quality service to the citizens of Chesterfield County; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Baldock's diligent service. NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors publicly recognizes Mrs. Baldock and extends on behalf of its members and the citizens of Chesterfield County their appreciation for her service to the County. AND, BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mrs. Baldock and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Daniel presented Mrs. Baldock with the framed resolution and recognized her family who was present. Mrs. Baldock stated she had enjoyed her association with the County and appreciated this recognition. 84-471 5.E. MAXWELL J. ROWLETT, UTILITIES DEPARTMENT Mr. Welchons stated that Mr. Rowlett could not be present today but expressed his appreciation for Mr. Rowlett's dedicated service to the Utilities Department. On motion of the Board, the following resolution was adopted: WHEREAS, Mr. Maxwell J. Rowlett retired from the Utility Department, Chesterfield County, on July 31, 1984; and WHEREAS, Mr. Rowlett's service to the citizens of Chesterfield County has been characterized by dedication and high ideals; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Rowlett's diligent service. NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors publicly recognizes Mr. Rowlett and extends on behalf of its members and the citizens of Chesterfield County their appreciation for his service to the County. AND, BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Rowlett and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Daniel presented the framed resolution to Mr. Welchons on behalf of Mr. Rowlett who could not be present. 5.D. CHRISTINE HEDGE, NURSING HOME Mr. Galusha introduced Mr. James Gillentine who would accept the resolution on behalf of Ms. Hedge who could not be present at the meeting today. On motion of the Board, the following resolution was adopted: WHEREAS, Ms. Christine Hedge retired from the Nursing Home, Chesterfield County, on August 1, 1984; and WHEREAS, Ms. Hedge has provided six years of quality service to the citizens of Chesterfield Cqunty; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Ms. Hedge's diligent service. NOW, THEREFORE, BE IT RE~QLVED that this Board of Supervisors publicly recognize~ Ms. Hedge and extends on behalf of its members and the citizens of Chesterfield County their appreciation for her service to the County. AND, BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Ms. Hedge and that this Resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: Unanimous Mr. Daniel presented Mr. Gillentine with the framed resolution on behalf of Ms. Hedge. 6. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS Mr. Hedrick stated there were no hearings of citizens scheduled for this meeting. 84-472 7. DEFERRED ITEMS 7.B. PUBLIC HEARING - CONVEYANCE OF SOUTHLAKE BOULEVARD Mr. Hedrick stated this date and time had been scheduled for a public hearing to consider the conveyance of 0.339 acres to the Commonwealth of Virginia for the extension of Southlake Boulevard between Courthouse Road and Branchway Road. Mr. Welchons stated the deed has been signed but there is a legal agreement which has not yet been finalized. After further discussion, it was on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that the Board continue the public hearing regarding this conveyance until September 12, 1984 at 7:00 p.m. Vote: Unanimous 8. PUBLIC HEARINGS Mr. Hedrick stated there were no public hearings scheduled for this meeting. 9. NEW BUSINESS 9.A. BLUE CROSS/BLUE SHIELD CONTRACT PRESENTATION Mr. Galusha introduced Mr. Jim Rapp, insurance consultant with Industrial Insurance Management Corporation, and Dr. Frank Cain with the School Administration, who were present. Mr. Rapp briefly reviewed the County's health care program for the past few years. He stated in 1979 the County was on a program which provided 100% coverage when you went into the hospital. He stated at that time there was a 20% rate increase. He stated in 1980 there was a 37% rate increase due to health care inflation. He stated coverage was not changed and it was a very cadillac program. He stated in 1981 there was a 48% rate increase. He stated it was recognized that these increases could not continue and at that time a comprehensive major medical program was looked into and adopted in 1982. He stated this provided a new level of coverage which is still outstanding in the health care market today. He stated this program was initiated to control as much as possible the escalation of health care costs. He stated the program worked, there was no rate increase last year. He stated the rate adjustment that Blue Cross is recommending now is the first rate adjustment for the program in two years and will carry the program through a 36 month period. He stated the employees have had a lot to do with this and this program is enjoying outstanding rate stability in a market that still is climbing over 12% per year for health care expenditures. He stated the original intent is working but if you are still having these increases in health care costs, you have to have an increase in rates as well. He stated with the anticipated experience throughout the remainder of this contract year, Blue Cross computes a rate adjustment of 37% to continue with the existing level of coverage for the coming year. He stated this has been reviewed and staff feels this is an accurate estimate. He stated it has been recommended that the County pay any deficits that may develop during the remainder of the year which is estimated at $200,000 and not load it into the renewal rate, which would reduce the rate increase to 20% from 37%. He stated there is also another coverage being offered by Blue Cross called KeyCare which is a new health care delivery program which is a preferred provider organization. He stated they have established separate contracts with providers in this area and as a result these providers will charge a reduced rate for those people who go to them for treatment. He stated because of the way it is structured, it has a lower unit cost and would 84-473 be less expensive. He stated this is the third option sponsored by the County for health care in the past three years. He stated we are finally seeing competition in the health care industry which is necessary in order to reduce the ever increasing costs. He stated it is wise to sponsor other programs when offered when they are a benefit to the County and its employees. He stated the KeyCare program is based on the concept of cost containment which will encourage treatment only when necessary and through the least expensive means as is possible. He stated if the Board approves the 20% rate adjustment, pays the $200,000 deficit and adopts the KeyCare program while continuing to fund the employee cost based on the comprehensive major medical program as provided for them, it will be a good program. ~He stated we must also recognize that health care inflation is still continuing, and we may continually have this problem in the renewal year. He stated other changes in coverages will have to be reviewed because of the market and there will be changes within the next 12 months. Mr. Dodd stated he had a problem with taking $200,000 of general revenue money to pay off the deficit and he felt the increase was high. He stated once in the past a similar type situation was recommended but things worked out and it was unnecessary to appropriate funds. He inquired why it was necessary to appropriate funds to hold down the rates and why the increased rate could not work itself out over a period of time. Mr. Hedrick explained that Mr. Rapp is the County's insurance consultant. He stated a benefit that we offer the County employee is that we pay the total cost of his/her hospitalization insurance. He stated we are basically on a self-insured program and what we pay out in hospitalization costs is the actual cost of claims plus a small percentage charged by Blue Cross for administration. He stated several years ago, when this issue arose, we were $600,000 in arrears, we came up with a compromise--a deductible coverage reducing the benefit--and passed the additional cost on to the employee. He stated this time our claims exceeded our revenue by $200,000 and as a result we are asking the Board to make up the difference. He stated since the Board does pay the total cost for the employee, it is reasonable to assume the County should pay the increased rate because it is basically a general fund expenditure. Mr. Dodd inquired why a compromise could not be worked out to where the rate adjustment could pay the deficit without going into the general fund. Mr. Hedrick stated that would make the rate go to 37% rather than 20% and staff feels this is a substantial rate increase to pass on and that the general fund will pay a substantial portion of it anyway. Mr. Daniel stated he shared Mr. Dodd's concerns. He reviewed the rates for an employee, the family coverage, etc. in comparison to their income and the percentage of increase which he felt was very high. He stated perhaps ~he entire plan should be reviewed, consider reductions in coverage, etc. He stated he could not vote for $200,000 from the general fund with a 20% increase to employees. Mr. Applegate inquired what the alternative was. Mr. Rapp stated it is either 20% with the County paying off the deficit or 37% if the County does not. He stated the plan is on a form of self-insurance with the claims coming out of your pocket. He stated if you don't put the money in the rate structure by increasing the rates, you develop a deficit that must be paid oft in a lump sum or automatically loaded into the renewal rates next year. He stated it was a question of timing, when do you want to pay for the claims--each month by adding it into the rates or do you want to have a very large deficit develop if claims continue at their present pace next year. He stated the alternative would be to do like other employers are doing, which is to recognize that you can only ask the employee to pay so much money per month for his health care coverage and it does little good to have a program that is so broad in coverage that it is too expensive and people drop out of the plan because they cannot afford the payroll deduction, so they are reducing coverage 84-474 and making a program that is more affordable and only those that use the plan will have to pay more because of deductibles, co-insurance, etc. He stated this is one of the main reasons for adopting the KeyCare plan now because it is a less expensive option for those employees who have a budgetary problem. He reviewed the KeyCare rates. Mr. Daniel inquired if the employees were aware of this proposed increase. Mr. Hedrick stated there are orientation sessions scheduled as staff wanted the Board to be aware of the issue first. Mr. Daniel stated he would like to have some employee feedback before making a decision as he did not feel there was enough presented. Mrs. Girone, after reviewing the figures, stated with rising health care costs and the fact that there are alternatives for the employees, etc., she felt this was within reason and was not an undue burden unless the Board wants to change the offering to the employee. She stated the Board may want to say we cannot afford to offer that quality of coverage for the employee and then we will have to look at the entire program and the alternatives. She stated the County offers the comprehensive program for the employees but offers other programs for those who may not want this level of protection. Mr. Daniel stated there is a range ~rom $107.00 to $124.00 between the options offered. He stated he felt uncomfortable deciding on this matter without taking a few weeks to review the entire insurance program provided to the employees and to receive some feedback as to what the employees are seeking and what they are willing to pay. He stated he did not feel the employees knew there was an item on the Board agenda which could change there paychecks by 5-10%. Mrs. Girone stated years ago the Board did go through and obtain employee input. Mr. Daniel inquired if that input was still valid. After further discussion, it was on motion of Mr. Mayes, seconded by Mr. Dodd, resolved that the Board defer consideration of this matter until September 12, 1984 to allow the Board time to be presented with additional information. Vote: Unanimous Mr. Daniel asked that the County Administrator address the concerns mentioned here today and advise the Board prior to the next meeting. 9.B. REQUESTS FOR MUSIC FESTIVAL PERMITS 9.B.1. BELLWOOD DRIVE IN Mr. Micas presented the Board with a request for a Music Festival permit from the Bellwood Drive In for August 24, 25 and 26th. He stated that there were some changes to conditions recommended which were to delete Item 4, amend #8 to read $5,000 rather than $2,500, and the addition of condition 11, that the promoters will hire one plain clothes policeman for each night. Ms. Riddle presented the Board with a paper on research on concerts and festivals in the area. Mrs. Girone inquired about the consumption of alcoholic beverages. Ms. Riddle stated their advertisements indicate no alcohol, no drugs and no bottles of any type are permitted. Mr. Dodd stated that events held at Bellwood have been handled in a very satisfactory manner. After further discussion, it was on motion of Mr. Dodd, seconded by Mr. Mayes, resolved that the Board approve the request for a Music Festival permit for the Bellwood Drive In on August 24, 25 and 26 subject to Music Festival Ordinance as well as the following special conditions: 84-475 That a supervisory police officer be paid for by the applicant and be present during all performances. That a fire officer be present at the beginning of each performance and perform spot checks throughout the course of each performance. 3. That the applicant acquire twelve port-a-johns. That the applicant acquire additional food storage capabilities as approved by the Health Department. Se That a licensed electrician be present during the set-up of any electrical equipment for the bands, disc jockeys or other performers. That an inspection by a County Building Inspector of the electrical equipment and hook-up be satisfactorily completed before each performance. That a bond in the amount of $10,000 be submitted to the County insuring faithful performance of all the applicants' responsibilities. 8. That a deposit in the amount of $5,000 be submitted to the Board to insure payment of all personnel expenses. 9. A guarantee from the applicant that the number of cars admitted will not exceed parking capacity. 10. Insurance coverage acceptable to Risk Manager. 11. That the promoters will hire one plain clothes policeman for each night. Vote: Unanimous 9.B.2. CHESTERFIELD COUNTY FAIR ASSOCIATION On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved an outdoor festival and entertainment permit for the Chesterfield County Fair Association for September 10-15, 1984 subject to the Music Festival Ordinance of the County. Vote: Unanimous 9.C. APPOINTMENTS 9.C.1. METROPOLITAN TRANSPORTATION PLANNING ORGANIZATION On motion of Mrs. Girone, seconded by Mr. Dodd, the Board appointed Mr. John McCracken as the regular voting member on the Metropolitan Transportation Planning Organization and Mr. Stanley Balderson as the alternate for the Chesterfield delegation which terms are effective immediately and are at the pleasure of the Board of Supervisors. Vote: Unanimous 9.C.2. KEEP CHESTERFIELD CLEAN COMMITTEE The Board officially accepted the resignation of Ms. Melody Gray from the Keep Chesterfield Clean Committee, representing Midlothian District, effective May 14, 1984, and the Board further nominated Mrs. Cynthia Green for appointment at the September 12, 1984 meeting to fill this vacancy. 84-476 9.D. COMMUNITY DEVELOPMENT ITEMS 9.D.1. STATE ROAD ACCEPTANCE This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Wadsworth Drive, West Wadsworth Place, East Wadsworth Place, Wadsworth Way, Scottingham Drive, Grinell Drive and Grinell Court in Whitestone, Section 1, Clover Hill District. Upon consideration whereof, and on motion of Mr. Applegate, seconded by Mrs. Girone, it is resolved that Wadsworth Drive, West Wadsworth Place, East Wadsworth Place, Wadsworth Way, Scottingham Drive, Grinell Drive and Grinell Court in Whitestone, Section 1, Clover Hill District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, wadsworth Drive, beginning where State Maintenance ends on existing Wadsworth Drive, State Route 2687, extending northeast 0.04 mile to the intersection of East Wadsworth Place and West Wadsworth Place, then northeast 0.07 mile to the intersection of Wadsworth Way then northeast 0.08 mile to the intersection of Scottingham Drive; West Wadsworth Place, beginning at its intersection with Wadsworth Drive, extending northwest 0.04 mile to a cul-de-sac; East Wadsworth Place, beginning at its intersection with Wadsworth Drive, extending southeast 0.06 mile to a cul-de-sac; Wadsworth Way, beginning at its intersection with Wadsworth Drive, extending southeast 0.04 mile to a cul-de-sac; Scottingham Drive, beginning at its intersection with Wadsworth Drive, extending southeast 0.09 mile to the intersection of Grinell Drive, then southeast 0.03 mile to tie into existing Scottingham Drive, State Route 2728; Grinell Drive, beginning at its intersection with Scottingham Drive, extending southwest 0.08 mile to a cul-de-sac and extending northeast 0.06 mile to the intersection of Grinell Court; Grinell Court, beginning at its intersection with Grinell Drive, extending northwest 0.04 mile to a cul-de-sac. These roads serve 66 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 40 ft. right of way for all of these roads except Wadsworth Drive which has a 60 ft. right of way and Scottingham Drive and West Grinell Drive which have a 50 ft. right of way. This section of Whitestone is recorded as follows: Section 1, Plat Book 41, Pages 27 and 28, July 14, 1982. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Gamecock Road and Swamp Fox Road in North Hundred, Section A, Midlothian District. Upon consideration whereof, and on motion of Mr. Applegate, seconded by Mrs. Girone, it is resolved that Gamecock Road and Swamp Fox Road in North Hundred, Section A, Midlothian District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Highways and Transportation, be and it hereby is requested to take into the Secondary System, Gamecock Road, beginning at intersection with Otterdale Road, State Route 667, and going .10 mile northwesterly to intersection with Swamp Fox Road, then continues .01 mile northwesterly to dead end; Swamp Fox Road, 84-477 beginning at intersection with Gamecock Road and going 0.38 mile southwesterly to a temporary turnaround. These roads serve 17 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right of way for all of these roads. This section of North Hundred is recorded as follows: Section A, Plat Book 38, Pages 19 & 20, Recorded February 4, 1984. Vote: Unanimous 9.D.2. STREET LIGHT INSTALLATION COST APPROVAL On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved the installation cost of a street light at the intersection of S. Providence Road and Woodward Drive in the amount of $253.00 which funds are to be expended from the Clover Hill District Street Light Funds. Vote: Unanimous 9.D.3. CONCRETE CURB AND GUTTER FOR EDGEMERE BOULEVARD Mr. McElfish stated the County had received a request from the Meadowbrook Civic Association to install curb and gutter along Edgemere Boulevard. He stated the Highway Department has informed the Association that they did not have any funds but if funds could be obtained they would perform the work. He stated the County and the Civic Association met and considered this project and the project was reduced by half the distance with the cost being reduced from $26,000 to $12,000. On motion of Mr. Daniel, seconded by Mr. Applegate, the Board appropriated $12,000 from the Dale District 3¢ Road Funds for concrete curb and gutter along Edgemere Boulevard, Route 2318, and further adopted the following resolution: Whereas, the Chesterfield County Board of Supervisors is interested in pursuing the installation of concrete curbing along Edgemere Boulevard (Route 2318). Now, Therefore, Be It Resolved that the Chesterfield county Board of Supervisors appropriates $12,000 from the Dale District 3¢ Road Funds for installation of curbing along Edgemere Boulevard from Hopkins Road to Monza Drive; and And Further, Be It Resolved that the Chesterfield County BOard of Supervisors requests ~he Virginia Department of Highways and Transportation to construc~ said improvements, on an accounts receivable basis. Vote: Unanimous Mr. Daniel requested that Mr. McElfish inform him when the exact date would be when the work would begin. 9.D.4. TEMPORARY CLOSING OF BRANDERS BRIDGE ROAD On motion.of Mr. Mayes, seconded by Mr. Applegate, the Board approved the temporary closing of Branders Bridge Road to through traffic for approximately 120 days while a new box culvert is constructed at Old Town Creek by the Virginia Department of Highways and Transportation. Vote: Unanimous 84-478 Mr. McElfish stated the Highway Department will take care of notification prior to closing. He stated the closing is anticipated to be September, 1985 through January, 1986. Mr. Mayes stated there was no opposition to the proposal. 9.D.5. CRACKED FLOOR IN BUFORD ROAD FIRE STATION Mr. Muzzy stated when the slab in the apparatus floor of the new Buford Road Fire Station was poured a series of extensive cracks developed. He stated staff has worked with the contractor who attempted to correct the problem by applying a coating surface which is not satisfactory. He stated at that time assurances were provided that if this were not acceptable, the contractor would still have continuing responsibilities. He stated staff has informed the contractor that the County wants the slab removed and replaced with a new slab which he has refused to do and offered another coating solution. He stated it is recommended that staff be authorized to enter into a contract to have the slab removed and replaced and the County Attorney's office was directed to obtain funds from the contractor for this project which is estimated to cost $40,000 which would be returned back to the General Fund Contingency when recovered. Mrs. Girone stated she felt the County has been more than cooperative with the contractor and felt the action was appropriate as recommended. Mr. Daniel inquired if the contractor had been removed from all County bid lists. Mr. Micas stated he has not, but he would check into this matter. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board authorized the receiving of bids for the removal and replacement of the apparatus floor at the Buford Road Fire Station at a cost not to exceed $40,000 which funds are hereby appropriated from the Contingency account, authorized the County Administrator to enter into contract with the low bidder for the work, directed the County Attorney to proceed with such legal action as may be necessary to recover this cost and authorized that the funds recovered be returned to the Contingency account when received from the contractor. Vote: Unanimous 9.E. UTILITIES DEPARTMENT 9.E.1. REPORTS 9.E.l.a. WATER AND SEWER FINANCIAL REPORTS Mr. Welchons presented the Board with the water and sewer financial reports. 9.E.l.b. DEVELOPER WATER AND SEWER CONTRACTS Mr. Welchons presented the Board with a list of developer water and sewer contracts executed by the County Administrator. 9.E.2. WATER AND SEWER ITEMS 9.E.2.a. WATER FOR BRANDERS BRIDGE, CARVER HOME SITES AREA Mr. Welchons stated a survey was completed in the Branders Bridge, Bradley Bridge, Carver Home Sites area regarding the contaminated wells. He stated of the 13 wells, 8 were contaminated, but review also indicated that the contamination was not due to the landfill but from surface water and old wells which are not properly grouted or have cracked. He stated also that staff is beginning to improve some of the drainage 84-479 problems in the area. He presented the Board with several options to correct the well water situation dealing with new wells, source of funds for financial assistance to construct new wells, public water, etc. He stated 48 of the 70 existing homes want public water and the estimated cost is $300,000. He stated staff identified a source of funds to assist income eligible residents with connection fees and cost of installation of laterals. He stated the County also has an installment plan for 20 months. He stated the basic recommendations are that staff survey the income of area residents and assist those eligible to dig a new well or authorize the design and construction of the water system and appropriate $300,000 and authorized staff to survey the income of residents and apply for Virginia Water Project funds for connection fees and service laterals. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board: (1) Authorized the design and construction of the subject water system; (2) Appropriated $300,000 from 563 surplus to 380-1-64364-4393; (3) Authorized staff to survey the income of area residents and to apply for and accept Virginia Water Project funds toward the cost of connection fees for eligible residents; and (4) Authorized staff to assist eligible residents with service lateral construction from the water meter to the house with Virginia Water Project assistance. Mr. Applegate inquired about the number of property owners in the area, the connection fee and about the average cost per connection which would be reduced if all property owners connected. Mr. Welchons stated that the cost estimates were based on installing service lines and meters for the 48 residences that signed contracts for water service and if more than the 48 applied for water service, the cost would have to be increased by approximately $500 each. He stated nothing was estimated for property owners who may apply for service later and it is not included in the $300,000. Mr. Daniel inquired if the new ones will pay the developer cost at the prevailing rates at those times or an existing home will pay an existing house cost. Mr. Welchons stated there is a basic water connection fee. He stated a developer, when he installs the lines, is allowed a credit off that basic connection fee. He stated anyone who comes in on a line that is not installed by a developer or a new home constructed on a line along an existing line, they would pay the basic water connection fee. Mr. Dodd inquired if this line would provide better pressure for the Route 10 area. Mr. Welchons stated it would help a minimal amount but it would be tied into the old Route 10 corridor. Mr. Dodd inquired if Carver School would be able to connect. Mr. Welchons stated they are goinq to connect .to another line already installed in the area. ~ Vote: Unanimous 9.E.2.b. PUBLIC WATER AND SEWER FOR BALLARD OAKS SUBDIVISION On motion of Mrs. Girone, seconded by Mr. Applegate, the Board cancelled the project for public water and sewer in the Ballard Oaks Subdivision because of the poor response of the residents to connect to either the public water or sewer. Vote: Unanimous 9.E.2.c. REQUEST FOR PUBLIC WATER ON HILDA AVENUE On motion of Mr. Dodd, seconded by Mr. Applegate, the Board authorized the Utilities Department to send contracts to the residents to determine the number of residents on Hilda Avenue that would connect to public water if it were made available. 84-480 Vote: Unanimous Mr. Dodd expressed appreciation to the Utilities Department and Mr. Stith for their assistance in having this matter resolved. 9.E.2.d. PUBLIC SEWER IN JIMMY WINTERS ROAD AREA On motion of Mrs. Girone, seconded by Mr. Applegate, the Board authorized the Utilities Department to design and construct this extension provided at least 70% of the homeowners sign contracts to connect to public sewer and that $66,000 be appropriated ~rom 573 surplus to 380-1-74334-4393. And further that the Board be advised of what the return is ~on the survey in the event that it does not meet the necessary percentage to give the Board the opportunity to reconsider the matter. Vote: Unanimous 7. DEFERRED ITEMS 7.A. PUBLIC HEARING REGARDING WATER AND SEWER CONNECTION FEES Mr. Daniel stated the Board held a public hearing on a comprehensive ordinance relating to water and sewer. He stated after the public hearing and Board discussion, the Board disposed of the majority of the ordinance and because of several questions regarding water and sewer connection fees, a committee was appointed to review the recommendations and present additional information to the Board. Mr. Welchons stated the committee did review the costs proposed for the sewer and water connection fees and presented the Board with slides outlining average costs to the homeowners and to the'County per unit with regard to the connection fees based on 25 recently awarded contracts. He stated the other concern that the Board expressed was the connection fees for new homes but this cannot be increased unless it is readvertised. He stated staff plans to discuss these matters with the homebuilders in the future, but first has to have a better handle on dollars that are needed for capital improvements to see if those funds could be raised through connection fees. Mr. Hedrick reminded the Board that when the County installs water and sewer into a section it is usually done at the request of citizens and the County does not have a mandatory connection requirement so people have the option as to whether to connect or not. Mrs. Girone stated as she understands this, the existing home connection fee is proposed to be raised to $1,000 but it really should be $1,500. Mr. Welchons stated if the Board wanted to cover the total cost, it should be raised to $2,000. Mrs. Girone inquired if this would be addressed in the future. Mr. Welchons stated that the homeowners who need the services should pay for them, as it is more costly to go back into an existing subdivision. Mrs. Girone stated that she was talking to some people at the Local Governments Conference and there are local governments in the state that have $4,200 and $6,500 connection fees. Mr. Daniel stated that ten new homes pay for one existing and that number should be reduced. Mr. Hedrick stated it has been the Board's policy to contain costs but it has gotten to the point where staff felt it should be brought to the Board's attention. Mrs. Girone stated we operate the system on a user pay situation, and if you don't have water and sewer, tax dollars are not involved. She stated that sometimes people say that those who have septic tanks do not have expenses, but they do if they maintain it, they paid for it, etc. and they are not cost free. Mr. Applegate expressed appreciation to Messrs. Welchons, Quaiff Muzzy and Beck for reviewing the figures with the committee. He stated he had talked with some of his constituents and the 84-481 committee as well felt the recommendations were proper. He stated he would, however, like to make one change and make the effective date October 1 rather than September 1 to give some of the people who are at the mercy of a builder an opportunity to apply at the lower rate. Mr. Mayes suggested January 1, 1985. Mr. Daniel stated that October 1, 1984 would give those pending 30 days to consider it. Mrs. Girone stated that this would destroy the revenue projections and developers will come in and prepay. Mr. Mayes inquired how it would affect the projects if the effective date were January 1, 1985. Mr. Welchons stated on the sewer connection fees it would involve about $60,000 per month. Mr. Applegate stated he was concerned with some of the people who had not been able to obtain the 70% in their area. Mrs. Girone stated that it was her understanding that a project sent out for survey today and had funds appropriated, that connection fees would be at the old rate. Mr. Hedrick stated that was correct if the contract was signed within the 30 day period. Mr. Welchons stated the dollars involved in the water connection fees would have a considerably less impact than the sewer. He stated staff has been keeping in close contact with the homebuilders associations and newsletters have gone out to the members that the rates were going up. Mr. Mayes suggested that October 1 be the effective date for sewer fees and January for the water fees. Mr. Hedrick stated the reason for bringing this up to the Board is to clear up the financial differential, as it is a financial issue. He stated financially if it is prudent to raise the rates, staff feels they should be effective September 1, 1984. He stated, secondly, the past experience has been that whenever we postpone the effective date of implementing these increases, developers and individuals come in and prepay and this basically underminds the reason for the rate increase. Mr. Daniel stated many businesses when they offer price increases, do not say it is the next time, and felt the Board should offer a certain amount of time as a courtesy to allow the applications to be submitted and suggested October 1 as the effective date. Mrs. Girone stated this has been discussed most of the summer and has been deferred for a month. She stated September 1 would give 10 days for the people to come in as well as maintain the figures staf~ has presented and she felt the increase is fair. Mr. Applegate stated he was speaking more to the water than the sewer as he has a constituency in the southern end of Clover Hill District who has been waiting for a developer to put in a water in front of their homes so they can connect but the area has not been surveyed and the developer has not put in the line. He stated he felt this was unfair for these people to pay $1,000 when they have been waiting all summer to connect.~. Mrs. Girone stated the County Administrator could take this into consideration and it could be handled administratively. Mr. Hedrick stated that a particular case in Midlothian District was handled that way because it was a matter of sending the contracts out and getting them back in the 30 day Period and they had gone out under the old rate but in ~his case, if the rates in the contract are new that would be the rate to be applied. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING SECTIONS 20-7 AND 20-27 RELATING TO CONNECTION FEES FOR THE SEWER AND WATER SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections .20-7 and 20-27 of the Code of the County of Chesterfield, 1978, as amended, are amended and reenacted as follows: 84-482 Sec. 20-7 Connection Fees - Generally. (a) Connection fees for water for existing and new single family residences, duplexes and townhouses connecting to lines not installed by the developer of the property shall be: (1) For the five-eighths-inch meter with three-fourths-inch pipe, the fee shall be one thousand dollars. (2) For the five-eighths-inch meter with one-inch pipe, the fee shall be one thousand and ten dollars. (3) For the one-inch meter ~with one-inch pipe, the fee shall be one thousand and seventy dollars. (4) For the one-inch meter with one and one-half-inch pipe, the fee shall be one thousand one hundred and thirty dollars. (5) For the one and one-half-inch meter with one and one-half-inch pipe, the fee shall be one thousand one hundred and seventy dollars. (6) For the one and one-half-inch meter with two-inch pipe, the fee shall be one thousand one hundred and seventy dollars. (7) For the two-inch meter with two-inch pipe, the fee shall be one thousand two hundred and ten dollars. (b) Except as provided in subsection (a) herein connection fees for water in the County shall be based on meter size as determined by the County in accordance with the following schedule: (1) For the five-eights-inch meter with three-fourths-inch pipe, the fee shall be five hundred dollars. (2) For the five-eights-inch meter with one-inch pipe, the fee shall be five hundred and ten dollars. (3) For the one-inch meter with one-inch pipe, the fee shall be five hundred and seventy dollars. (4) For the one-inch meter with one and one-half-inch pipe, the fee shall be six hundred and thirty dollars. (5) For the one and one-half-inch meter with one and one-half-inch pipe, the fee shall be six hundred and seventy dollars. (6) For the one and one-half-inch meter with two-inch pipe, the fee shall be six hundred and seventy dollars. (7) For the two-inch meter with two-inch pipe, the fee shall be seven hundred and ten dollars. (8) Ail services over two inches in size shall be installed for such charges as shall be determined at the time of application. (9) For a meter serving one unit or serving more than one unit the connection fee shall be the basic meter charge plus: Type Per Unit Fee (a) Single family, duplexes each Basic meter and townhouses charge (b) Apartments, condominiums each $200.00 84-483 (c) a. Mobile home park (multiple) each b. Mobile home park (individual) each $200.00 Basic meter charge (d) Hotel, motel, and travel each trailer camp $100.00 (e) Hospital each bed $200.00 (f) Nursing homes and residential each bed institutional users $150.00 (g) Commercial, industrial and each public buildings Basic meter charge (h) Homes for adults as defined each in Section 63.1-172 of the Code of Virginia, boarding houses and rooming houses Basic meter charge or $50.00 per bed, whichever is greater (2) This ordinance shall be effective October 1, 1984. Sec. 20-27. Same--charges--generally. Connection charges for sewer treatment in county shall be as follows: (a) Single-family - (1) Existing residence, already having a septic tank system when application is made within time allotted by county after notice that sewer service is available, two thousand one hundred and fifty dollars; two thousand five hundred dollars effective July 1, 1985; two thousand seven hundred and fifty dollars effective July 1, 1986; and three thousand dollars effective July 1, 1987. (2) New residence whose service is connected to sewer installed by developer, one thousand eight hundred dollars; two thousand one hundred dollars effective July 1, 1985; two thousand three hundred dollars effective July 1, 1986; and two thousand five hundred dollars effective July 1, 1987. (3) Existing residence when application is not made within the time allotted in a.1. above and new residence whos~ service is connected to sewer not installed by developer, two thousand six hundred dollars; three thousand dollars effective July 1, 1985; three thousand three hundred dollars effective July 1, 1986; and three thousand six hundred dollars effective July 1, 1987. ? (b) Duplexes - Same as single-family residence for each unit in the duplex. (c) Mobile Homes not located in a mobile home park or subdivision - Same as single-family residence. (d) Churches - Same as single-family residence. When churches are used for schools, kindergartens, etc. charges shall be based on equivalent single-family units. (e) Apartments, condominiums and townhouses, mobile home parks and.subdivisions - Same as single-family residence per unit. (f) Travel trailer camps, hotels, motels - Six hundred dollars per unit; seven hundred dollars per unit effective July 1, 1985; seven hundred and seventy dollars per unit effective July 1, 1986; and eight hundred and thirty dollars per unit effective July 1, 1987. 84-484 (g) Commercial, business, office, industrial and public buildings - Meter size shall be approved by utilities department as adequate to serve projected usage. Water Meter Size Effective Effective Effective Effective (Inches) 9-1-84 7-1-85 7-1-86 7-1-87 5/8 $ 1,800 $ 2,100 $ 2,300 $ 2,500 1 3,000 3,500 3,840 4,120 1 1/2 6,000 7,000 7,650 8,350 2 12,000 14,000 15,300 16,200 3 24,000 28,000 30,600 33,400 4 50,000 58,350 63,900 69,500 6 110,000 128,370 140,600 152,800 8 275,000 320,900 351,500 382,500 Above 8 To be negotiated at time of application based upon projected usage. (h) Hospitals, nursing homes or homes for adults - (1) Hospitals, nine hundred and sixty dollars per bed; effective July 1, 1985 one thousand one hundred and twenty dollars per bed; effective July 1, 1986 one thousand two hundred and thirty dollars per bed; and effective July 1, 1987, one thousand three hundred and thirty dollars per bed. (2) Nursing Homes, six hundred dollars per bed; effective July 1, 1985 seven hundred dollars per bed; effective July 1, 1986 seven hundred and seventy dollars per bed; and effective July 1, 1987 eight hundred and thirty dollars per bed. (3) Homes for adults as defined in Section 63.1-172 of the Code of Virginia, 1950, as amended, boarding houses and rooming houses, three hundred dollars per bed; effective July 1, 1985 three hundred and fifty dollars per bed; effective July 1, 1986 three hundred and eighty five dollars per bed; and effective July 1, 1987 four hundred and fifteen dollars per bed. o o o (2) This ordinance shall be effective September 1, 1984. Vote: Unanimous Mr. Mayes inquired if these rates would affect the Branders Bridge, Bradley Bridge Road and Carver Home sites area water extension. Mr. Daniel stated it would not affect that area. Mr. Micas stated that was true if the residents sign up within the applicable time for said contract. Mr. Welchons stated a Mr. Nunnally was present and wished to address the Board on Ballard Oaks Subdivision. Mr. Daniel stated the County Attorney would have to rule in this matter. 9.E.3.a. REQUEST TO CONSTRUCT DRAINAGE CHANNEL AND SEWER LINE Mr. Daniel inquired if this request from the developers of Branch's Trace to construct drainage channels and sewer lines is only on County property. Mr. McElfish stated the developers will be constructing drainage and sewer lines on County property to serve the Branch's Trace Development. Mr. Daniel inquired if they would be serving any other property. Mr. McElfish stated the drainage system will drain some of the County property and will help eliminate the standing water on the curb on the way to the Library. He stated this will ultimately provide drainage for 84-485 the property to the left or south of Lori Road. Mr. Daniel suggested that this matter be deferred as he had talked to the County Administrator regarding some of his concerns. Mr. Hedrick ~stated this allows the developer to proceed and provides the easement so he can do the work. He stated the issue Mr. Daniel had discussed would not be affected by this. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board authorized the developer of Branch's Trace or his contractor to enter on County property for the purpose of constructing the offsite sewer and drainage facilities as shown on the sewer and drainage plans as long as this did not involve questions referred to the County Administrator. Mr. Hedrick stated Mr. Daniel's questions dealt with the sizing of the drainage system not the routing of the system. He stated these are easements, necessary to do the work and if they are not utilized after it is worked out, then the easements would not be necessary. Mr. Daniel stated as long as this is not fixed in concrete, the amount of money, etc., he could support the request. Vote: Unanimous 9.E.3.b. BLOCK ACCESS TO SEABOARD COASTLINE RAILROAD On motion of Mr. Dodd, seconded by Mr. Applegate, the Board authorized the Environmental Engineering Department to install barricades and no trespassing signs at the intersection of the right of way and Ecoff Avenue, Lee Street, and DeLavial Street at a cost not to exceed $1,200.00 which funds are appropriated from the Bermuda District 3¢ Road Fund. Vote: Unanimous 9.E.3.c. FENCE ACROSS PROPERTY IN VILLAGE OF BENSLEY On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved the request from Mr..Joseph B. Jones, Jr., to allow a fence across a 10' wide alley in the.Village of Bensley, subject to the following conditions: (1) That Mr. Jones maintain the gate in good working order to allow easy passage. (2) That no lock be placed on the gate to prevent passage. (3) That in the event the County adopted a policy to construct alleys and the need to improve this alley for vehicular traffic arose, that Mr. Jones would have the fence removed at his expense. Vote: Unanimous 9.E.3.d. CONDEMNATION ALONG BRADLEY BRIDGE ROAD On motion of Mr. Mayes, seconded by Mr. Dodd, the Board authorized the County Right of Way staff to begin the process to acquire the easement necessary for drainage improvements along Bradley Bridge Road from the estate o~ Junius Hancock by unknown heirs condemnation. Vote: Unanimous Mr. Mayes .stated he felt this is not an emergency project and his 3¢ Road Funds are needed in an emergency area. He recommended the funds be appropriated from the contingency account. The 84-486 Board indicated that the funds should come from the Matoaca 3¢ Road Funds and if the 3¢ Road Funds are used now and another project is needed, the Board would consider assisting with funding from the contingency at that time. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board appropriated $2,500 from the Matoaca District 3¢ Road Funds for the acquisition of the necessary easement from Junius Hancock. Vote: Unanimous 9.E.3.e. PUBLIC HEARING TO CONVEY EAST AVENUE On motion of Mr. Applegate, seconded by Mr. Dodd, the Board set a public hearing for September 26, 1984 at 9:00 a.m. to consider the conveyance of right of way on East Avenue to the Commonwealth of Virginia. Vote: Unanimous 9.E.4. CONSENT ITEMS 9.E.4.a. WATER FACILITIES IN WILLIAM GWYN ESTATES, SECTION F On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute any necessary documents for the following water contract: Contract W84-132CD/6(8)4325, Water Facilities in William Gwyn Estates - Section "F" Developer: Phase I, Inc. Contractor: Coastline Contractors, Inc. Total Contract Cost: $38,317.00 Estimated County Cost: Refund through connection: $ 5,576.00 Cash refund 8,992.50 Total Estimated County Cost: $14,568.50 $14,568.50 Number of Connections: 26 Code (Refund through connections) 559-1-00556-0000 And further the Board transferred $9,890.00 from 380-1-62000-7212 to 380-1-64325-7212 which includes a 10% contingency. Vote: Unanimous 9.E.4.b. SEWER CONTRACT FOR BRANCH'S TRACE On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute any necessary documents for the following sewer contract: Sewer Contract S84-123CD/7(8)4235 - Branch's Trace - Phase I Developer: Mid-Atlantic Financial Group, Inc. Contractor: R.M.C. Contractors, Inc. Number of Connections: Total Construction Cost: Estimated County Cost: Code: 574-1-00556-0000 Vote: Unanimous 57 $43,728.00 $1,848.30 (Refunds from connection fees for oversized sewers) 84-487 9.E.4.c. SEWER CONTRACT FOR MORAVIA ROAD On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute any necessary documents for Sewer Contract S84-71C/7(8)4711, Pierce Property - Moravia Road Project to the low bidder, Best Backhoe Excavating, Inc., in the amount of $5,702.99, and further the Board transferred $1,000.00 from 574 surplus to 380-1-74711-4393. It is noted the Board previously approved a $5,500.00 appropriation on May 9, 1984. Vote: Unanimous 9.E.4.d. ADJUSTMENT OF UTILITIES ON HOPKINS AND BEULAH ROADS On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute an Agreement for adjusting utilities with the Virginia Department of Highways and Transportation on Hopkins and Beulah Roads, Project: 0637-020-237, M502 subject to approval by the County Attorney. Vote: Unanimous 9.E.4.e. LEASE AGREEMENT FOR BRIGHT OAKS ESTATES On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute the lease with Robert R. and Elendor C. Knoth for a well lot to serve Bright Oaks Estates. Vote: Unanimous 9.E.4.f. ROUTE 60 AND ROUTE 147 DEVELOPERS FOR EXTENSION OF TIME On motion of Mrs. Girone, seconded by Mr. Mayes, the Board considered a request from the Rt. 60 and Rt. 147 Developers, for County Contract S77-9CD/7(8)7092, and granted a one year extension of time on the refund provision in the contract. Vote: Unanimous 9.E.4.~. DEED OF DEDICATION ALONG SPRING RUN ROAD On motion of Mrs. Girone, seconded by Mr. Mayes, the Board approved and authorized the County Administrator to execute the necessary deed, accepting on behalf of the County, a twenty (20) foot wide strip of land along Spring Run Road west of Qualla Road from William E. and Mary M. Allen (husband and wife). Map Section: 92-2. - Vote: Unanimous 9.F. REPORTS Mr. Hedrick presented the Board with a report on the Contingency account and on the County's Land Use Tax Program. 9.F. EXECUTIVE SESSION On motion of Mr. Applegate, seconded by Mrs. Girone, the Board went into Executive Session to consult with Legal Counsel regarding HMK vs. Board of Supervisors pursuant to Section 2.1-344 (a) (6) of the Code of Virginia, 1950, as amended. Vote: Unanimous 84-488 Reconvening: It was generally agreed the Board would recess for lunch. Reconvening: 9.A. BLUE CROSS/BLUE SHIELD RENEWAL PRESENTATION Mr. Daniel stated earlier this date the Board deferred for two weeks a decision on the Blue Cross/Blue Shield Contract Renewal and other related insurance matters. He stated the Board has now discovered there is an emergenCy situation which requires the Board to act on this item today. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board declared the Blue Cross/Blue Shield Contract Renewal Item an emergency item and resubmitted it for consideration by the Board pursuant to the Board of Supervisors rules and procedures. Vote: Unanimous On motion of Mr. Applegate, seconded by Mr. Mayes, the Board approved the following plans to be offered to County employees: Blue Cross/Blue Shield comprehensive major medical plan (currently in effect) with a 20% premium increase. This plan will remain the County's primary health care plan. PruCare of Richmond plan (currently in effect) with a 9.2% premium increase. 3. The United Medical Plan of Virginia (new). 4. Blue Cross/Blue Shield KeyCare (new). And further the Board appropriated $200,000 from the Contingency account to cover the deficit for the current fiscal year for the insurance program and directed the County Administrator to completely analyze all of the insurance programs, options, alternatives, employee input as to types of coverage, the possibility of rising rates and submit a report back to the Board within 60 days. Vote: Unanimous Mr. Daniel stated that pursuant to rules established by the Board, the presiding officer of the meeting during mobile home and rezoning requests is rotated and Mr. Dodd has declined the opportunity at this meeting as he was attending another meeting late the evening before. He stated he would be presiding instead and explained the procedures for the afternoon session. Mr. Dodd stated he is in the mobile home business, although not directly involved with sales. He requested anyone purchasing a !mobile home from his company to please so indicate in order that he could excuse himself from the meeting to prevent any conflict of interest. H. REQUESTS FOR MOBILE HOMES 84S164 In Bermuda Magisterial District, Wade and Karen Davis requested renewal of a mobile home permit to park a mobile home on property 84-489 which belongs to Mr. Sam Shahda. Tax Map 67-12 (4) Bellwood Addition, Block B, Lots 24 and 25 and better known as 2523 Dwight Avenue (Sheet 23). Ms. Davis was present. There was no opposition present. Mr. Dodd stated that although he understands staff's concerns and its recommendation for denial, there are some extenuating circumstances and hardship involved. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved this request for a period of five years subject to the following conditions and waived the policy with regard to rental of a mobile home in this case: Only one (1) mobile home Shall be permitted to be parked on an individual lot or parcel. The minimum lot size, yard setbacks, required front yard, and other zoning requirements of the applicable zoning district shall be complied with, except that no mobile home shall be located closer than 20 feet to any existing residence. No additional permanent-type living space may be added onto a mobile home. All mobile homes shall be skirted but shall not be placed on a permanent foundation. Where public (County) water and/or sewer are available, they shall be used. Upon being granted a Mobile Home Permit, the applicant shall then obtain the necessary permits from the Office of the Building Official. This shall be done prior to the installation or relocation of the mobile home. Any violation of the above conditions shall be grounds for revocation of the Mobile Home Permit. Vote: Unanimous 84S165 In Bermuda Magisterial District, Clayton L. Ramey requested a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 81-16 (5) Central Park, Block 9, Lots 33 and 34 and better known as 10032 Brightwood Avenue (Sheet 23). Mr. Ramey was not present. There was no opposition present. It was generally agreed that this case be deferred until the end of the agenda to allow the applicant time to be present. 84S166 In Bermuda Magisterial District, Sarah E. Madison requested a Mobile Home Permit to park a mobile home on property which belongs to Clayton Ramey, son of the applicant. Tax Map 81-16 (5) Central Park, Block 9, Lots 35-36 and better known as 10030 Brightwood Avenue (Sheet 23). Ms. Madison was not present. There was no opposition present. It was generally agreed that this case be deferred until the end of the agenda to allow the applicant time to be present. I. REQUESTS FOR REZONING .84S101 In Dale Magisterial District, CHESTERFIELD TOWING, INC. requested a Conditional Use to permit a motor vehicle towing and repair business in an Agricultural (A) District on a 2.61 acre parcel fronting approximately 470 feet on the east line of Hopkins Road 84-490 at its intersection with Laurel Oak Road. Tax Map 81-5 (1) Parcel 19 and Tax Map 81-9 (1) Parcel 13 (Sheet 23). Mr. Balderson stated the applicant had requested a six month deferral in order that they might seek relocation of the business in question. He stated if that were accomplished within that six months, there would be no reason to pursue this request further. Mr. Charles Huntley, representing Chesterfield Towing, Inc., was present and concurred with the statements made by Mr. Balderson. There was a lady present who inquired about the deferral. Mr. Daniel stated the deferral will allow'the applicant to still occupy the premise but they will be relocating during that time. Mr. Huntley stated that was the case. On motion of Mr. Daniel, seconded by Mr. Applegate, the Board deferred this case until February 27, 1985. Vote: Unanimous Mr. Danie~ inquired if the Board could consider requests for deferrals from anyone other than the applicant. Mr. Micas stated the Board could consider requests of those other than the applicant but it is at the discretion of the Chairman. He stated the normal request is from the applicant but there is nothing to prevent the Board from granting a deferral requested by anyone. 84Sl12 In Matoaca Magisterial District, GLENN M. HILL requested rezoning from Residential (R-15) to Residential (R-9) on a 16.8 acre parcel fronting approximately 1,060 feet on the west line of Bailey Bridge Road, also fronting approximately 80 feet on North Bailey Bridge Road and located in the northwest quadrant of the intersection of these roads. Tax Map 63-9 (1) Part of Parcel 8 (Sheets 20 and 21). Ms. Quarles, a resident of Swift Creek Farms, requested deferral of this case because on August 13, 1984, the residents met with the Matoaca District Advisory Committee and expressed their concerns regarding this matter. She stated they agreed to appoint a committee to meet with Mr. Hill and members of Swift Creek Farms in order to discuss rezoning and development of this land and to try to reach an agreement. Mr. Mayes stated he was aware of this and he recommended approval of a deferral. Ms. Quarles requested that it be deferred to a night meeting. Mr. Daniel stated all zoning is held in the afternoon. Mr. Daniel called three times to see if the applicant were present and no one responded. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board deferred this request until September 26, 1984. Vote: Unanimous 84S001 In Bermuda Magisterial District, THE BOARD OF SUPERVISORS requested rezoning from Residential (R-9) to Residential (R-15) on a 40.5 acre parcel fronting approximately 850 feet on the west line of Woods Edge Road, approximately 820 feet south of Lawing Drive. Tax Map 134-5 (1) Parcels 5 and 6 (Sheet 42). 84-491 Mr. Balderson stated this request was initiated by the Board of Supervisors because the Supervisor of the District requested a new hearing of the case which was approved in the early part of the year. He stated the Planning Commission had recommended approval of the request subject to a single condition. Mr. Vance, the property owner, was present and stated this was acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request subject to the following condition: A 100 foot buffer shall be maintained in its natural state along the western property line. Where necessary to provide adequate screening, this ~buffer shall be planted according to the "Minimum Guidelines for Landscaped Buffers." (p) Vote: Unanimous 84S093 In Matoaca Magisterial District, THREE SIXTY ASSOCIATES requested rezoning from Agricultural (A) and General Business (B-3) to Residential (R-9) and Convenience Business (B-i) plus Conditional Use Planned Development to permit use and bulk exceptions on a 32.81 acre parcel. This request fronts the south line of Hull Street Road in two places with a total of approximately 1,520 feet of frontage and is located across from Old Hundred Road. Tax Map 62-6 (1) Parcel 16, Tax Map 62-9 (1) Part of Parcel 1 and Tax Map 62-10 (1) Parcels 1, 2, 9 and 20 (Sheet 20). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions, including an amended condition (2.a.) which he presented. Mr. Clarke Plaxco was present representing the applicant. He stated that while Brandermill controls the entire parcel, it will be actually developed in two segments. He stated the commercial segment will be developed by Brandermill at a later date and the residential portion will be developed as soon as possible by Oxford Development Company. He introduced John Slydell of Oxford who outlined their credentials, their development commitments, and the proposed development's architecture, cost, etc. Mr. Plaxco stated condition 92 has been altered to read more clearly and they are in agreement with that but they are concerned with the requirement for the traffic signal modifications by the developer. He stated the developer has agreed to provide up to $10,000 for improvements to the traffic signal. He stated they feel it is an unfair burden to pay the entire cost as it could cost between $20,000-$60,000. He stated because of a directive from the Planning staff and because of good planning practices, they aligned Old Hundred Road and the entrance to this project which ultimately will become ~ road feeding to other parcels. He stated the property could have,been accessed other ways and if there were no traffic signal there, one would not be needed. He stated the Planning Commission agreed to limit the Koger development's responsibility, and they are developing 750,000 square feet of office space, to only $50,000 to provide a new signal system. He stated the relative scale of the projects indicates the applicant's generosity to provide $10,000. Mrs. Girone inquired what it would cost to upgrade the signal light. Mr. Balderson stated a new signal light would cost $50,000-$60,000 but he did not know what it would cost to upgrade the existing system. Mr. Daniel stated they may take those lights down, use them elsewhere, bring in new lights for this area or change the computer system to operate them. Mr. Plaxco stated the developers main concern is that it is open ended with no ceiling as to the cost. Mr. W. C. Cheatham stated he did not oppose the rezoning of the property as long as it does not eventually, either directly or indirectly, close Tomahawk Drive or the crossover on 84-492 Route 360. He stated this road is very crucial to the proper development of his property, his cousin's property on the north side of Route 360 as well as the Tomahawk Baptist Church. He stated he talked with the Highway Department and they have no plans to close Tomahawk Drive, he also referred to the Route 288 maps which are the Department's latest plans and they have no plans to change them, and the Planning staff at the July 17, 1984 meeting indicated the same thing. He stated he was concerned because he has heard various plans mentioned. He stated the developers had once expressed an interest in an access road through his property that might tie into Tomahawk Drive and he has no problem with that as long as he has final say as to time of construction and location. He stated on behalf of the Tomahawk Church, Milton Cheatham and himself, he requested that the Board consider and honor his request as far as maintaining Tomahawk Drive as it is today without rerouting it or closing it. Mr. Balderson stated no one in the County has raised the issue of closing Tomahawk Drive and there appears to be no reason to close it and it is not a salient point in this case. Mr. Applegate inquired how Route 288 enters into the matter. Mr. Balderson indicated the direction on the map. Mr. Daniel stated that if this is a Route 288 issue and right of way question, staff should meet with Mr. Cheatham to discuss how this may impact his property. It was generally agreed this was not relative to this case as this is a land use question and if there are highway matters under discussion in the area, they should be addressed with staff. Mr. Cheatham stated this also dealt with the increased traffic flow in the area with the development of this parcel. Mr. Daniel stated that the Board has taken a position that any time major intersections of the major arterials, all areas are to be serviced in a most effective manner, without landlocking or that potential. The Board reviewed the staff report discussing Tomahawk Drive and the possibility of a cul-de-sac, etc. but indicated this is not a part of this zoning. Mr. Hedrick indicated that any changes for Tomahawk Drive would be held through a public hearing process. Mr. Applegate stated that Route 288 would be a determining factor as to closing or cul-de-sacing Tomahawk Drive, not the zoning case. Mr. Cheatham stated the Highway Department wants to leave the plans as they are and leave Tomahawk Drive open and he requested the Board's support to do the same thing. There was no one else to speak. Mr. Mayes stated he would have to recommend deferral if the conditions were to be changed as requested by the applicant. Mr. Plaxco stated they would just like a ceiling figure on what the developer would be responsible for on the traffic signal. Mr. McCracken stated he felt $60,000 would be adequate and it probably would be less than that amount. Mr. Plaxco indicated that would not be acceptable. Mr. Balderson stated the developer wanted to pay half of the minimum which would be $10,000 but staff's recommendation is that they pay the entire cost. Mr. Applegate inquired about the location of the traffic light. He stated it appeared that the road is directly across from Brandermill Parkway and inquired why it would cost $60,000 to improve that signal. Mr. McCracken stated $60,000 may be high but he is not sure of the adjustments needed to the equipment but what they are asking is for the developer to be responsible for whatever improvements are necessary to accommodate the traffic for that site. Mrs. Girone and Mr. Applegate indicated they could not believe improvements could cost $50,000-$60,000. Mrs. Girone stated if improvements are necessary because of this development and if the developer does not pay, then the taxpayers will, so she felt the condition in the paper was appropriate. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: 1. The following conditions notwithstanding, the revised plan prepared by Land Design/Research, Inc., dated May 8, 1984, and the textual statement submitted with the application, shall be considered the plan of development. (p) 2. In conjunction with the first schematic plan submission, plans shall be submitted showing the following improvements to Route 360: 84-493 e e Additional pavement shall be provided along Route 360, west of the entrance road, for a turn lane. Additional pavement shall be provided along Route 360 for the entire property frontage, east of the entrance road. This plan may show phasing of improvements based on traffic generations of each development phase. This condition may be modified by the Planning Commission at the time of schematic plan review if a traffic analysis indicates that less widening will accommodate the de- velopment traffic. be Modification of existing crossover to accommodate left turn lane. Alignment of proposed public road with Old Hundred Road. de Modification and/or adjustments to existing traffic control signals and supporting equipment. The developer shall be responsible for the cost of any necessary improvements required by approved plans. (T) The proposed public road shall have a minimum right of way width of ninety (90) feet. This road shall be constructed with a minimum of two (2) twenty-four (24) foot lanes, which shall be divided by a median. There shall be no access or crossovers along this road within 165 feet of the northwestern property line. Access to the commercial tract shall align with access to the multifamily tract unless modified through schematic plan approval. Prior to the release of any building permits, road and drainage plans shall be approved and right of way recorded by subdivision plat. (T) Construction of the public road may be phased based on phasing of development. Prior to the release of any building permits for more than fifty (50) multifamily units, or for more than 30,000 square feet of commer- cial space, the public road shall be constructed to the ultimate four (4) lane typical section. (T) Other than the proposed public road, there shall be no other access to Route 360 from the multifamily tract. One (1) access point, other than the proposed public road, shall be permitted to the commercial tract provided the access is. located and designed to provide future access into adjacent property to the east. (T) General Conditions 2, 3, 4, 14, 15, 16 and 17; Multifamily Conditions 7 and 9; and Community Shopping Required Condition 3 of the Textua~ Statement shall be deleted. (P) Prior to erection of any signs, a complete sign package to include typical sizes, colors, design, lighting, etc. shall be submitted to the Planning Commission for approval. The Planning Commission shall have the authority to modify the Zoning Ordinance sign requirements. (P) (This condition supersedes General Condition 13 of the Tex- tual Statement.) Within the multifamily tract, the following recreational facilities shall be constructed: Two (2) tennis courts shall be constructed and op- erational prior to the release of the 102nd occupancy permit. 84-494 be A swimming pool and club house shall be constructed and operational prior to the release of the 200th occupancy permit. (The Planning Commission may modify these requirements through schematic plan review.) (P) 10. 11. BUFFERS Except for the boundaries adjacent to the proposed public road, a fifty (50) foot buffer shall be provided along all property lines. Except along Route 360, the fifty (50) foot buffer shall consist of vegetation, fencing, berming or natural features which effectively screen the uses from adjacent properties. The Route 360 frontage shall be landscaped to minimize visibility of the multifamily project and driveways and parking areas in the commercial tract. If, at the time of schematic plan review, adjacent properties have been zoned and/or developed for similar uses, the Planning Commission may modify these buffer requirements. be A twenty-five (25) foot buffer shall be maintained along both sides of the proposed public road. This buffer shall be landscaped with ornamental trees and shrubs. Ce Other than permitted signs and access points, there shall be no facilities permitted in these buffer areas. A plan for treatment of buffers shall be submitted to the Planning Department for approval in conjunction with final site plan submission. (This condition supersedes Multifamily Condition 13 and Com- munity Shopping Required Condition 1 of the Textual Statement.) (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas in the multifamily and commercial tracts. Drainage shall be designed so as not to interfere with pedestrian access. (This condition supersedes Multifamily Condition 14 of the Textual Statement.) (EE) The following uses shall not be permitted in the Community Shopping tract: Se Private garages, garden, tool and storage buildings, boat houses, piers and docks b. Home occupations c. Tennis courts and similar recreation facilities d. Swimming pools and adjoining deck areas (This condition supersedes Community Shopping, Uses Permit- ted 6, 7, 8 and 9 of the Textual Statement.) (P) 12. Within the Community Shopping tract, boat sales shall be permitted, provided there is no outside storage or display. (This condition supersedes Community Shopping, Uses Permit- ted, Use Exceptions 6.) (P) 84-495 13. Within the Community Shopping tract, parking areas shall be landscaped to break up expanses of driveways and parking areas. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 14. Within the multifamily tract, driveways and parking areas shall be designed to provide at least two (2) access points into each fifty (50) unit cluster for emergency vehicles. (p) 15. Acreages specified in chart 1 of the Textual Statement may be increased or decreased by 10%, as permitted in the Textual Statement, provided the density for the multifamily tract does not exceed 12.5 units per acre. (P) Ayes: Mr. Daniel, Mr. Dodd, Mrs. Girone and Mr. Mayes. Abstention: Mr. Applegate because of the traffic signal improvement cost assessed the developer. 84S094 In Bermuda Magisterial District, JEAN R. JOYNER requested a Conditional Use to permit a family day care home in an Agricultural (A) District on a 7.0 acre parcel fronting approximately 767 feet on the north line of Spruce Avenue, ap- proximately 320 feet southwest of Hubert Lane. Tax Map 136-5 (5) Poplar Hills, Lot A and Tax Map 136-9 (9) Poplar Hills, Lot B (Sheet 43). Mr. Balderson stated the Planning Commission had recommended approval subject to certain conditions. Ms. Joyner was present and inquired if the first condition had been changed to read "Jean R. and Laverne Joyner". Mr. Dodd indicated it had been revised to reflect that verbiage. There was no opposition present. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: This Conditional Use shall be granted to and for Jean R. and Laverne Joyner and shall not be transferable nor run with the land. (P) The following conditions notwithstanding, the plan prepared by R.T. Donahue, dated 3/27/84, shall be considered the plan of development. (P) e The existing vegetation along the northeast property line (i.e., adjacent to Tax Map 136-5 (2) Popular Hills, Lots 3 and 4) shall be maintained. (P) Hours of operation shall be limited to between 6:00 a.m. and 6:00 p.m., Monday through Friday. There shall be no Saturday or Sunday operation. (P) 5. No more than thirty (30) children shall be enrolled. (P) One sign, not to exceed four (4) square feet in area, shall be permitted identifying this use. This sign shall not be lighted. The sign's facades shall be of subdued colors. (P) (Note: Prior to obtaining a building permit, site plans must be submitted to the Planning Department for approval.) Vote: Unanimous 84-496 84S095 In Midlothian Magisterial District, GULF OIL COMPANY requested Conditional Use Planned Development to permit a motor vehicle wash in a Community Business (B-2) District on a 1.2 acre parcel fronting approximately 200 feet on the north line of Midlothian Turnpike, also fronting approximately 250 feet on North Pinetta Drive and located in the northwest quadrant of the intersection of these roads. Tax Map 18-13 (1) Parcel 12 (Sheet 8). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to a single condition. Mr. Jim Hayes was present representing the applicant and stated two representatives of Gulf met with the Brighton Green Civic Association and resolved their concerns and they indicated there would not be opposition to this request. He stated this is an automated car wash identical to the one at Courthouse Road and Route 60 which would require no additional access to Pinetta and would have less traffic impact than what staff indicated. Mr. Daniel inquired how this compared to the car wash approved last zoning meeting. Mrs. Girone stated that was strictly a car wash and nothing else and this is an adjunct to an existing service station. She stated residents of Brighton Green called her and were concerned there would be a new driveway out onto Plnetta and the site is across from the new Bon Air Post Office, soon to be constructed, and traffic is a major concern of the North Pinetta Drive residents. She stated this should not add to the traffic situation as the same people using the service station will probably use the car wash. She stated the citizens called and did not have objections after the meeting. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved this request subject to the following condition: The plan prepared by J. K. Timmons and Associates, Inc., dated February 3, 1984, shall be considered the Master Plan. Vote: Unanimous 84S097 In Bermuda Magisterial District, BERNARD GARY NUNNALLY requested rezoning from Community Business (B-2) to General Business (B-3) on a 0.63 acre parcel fronting approximately 110 feet on the west line of Jefferson Davis Highway, also fronting approximately 110 feet on the east line of Perrymont Road approximately 570 feet north of Willis Road. Tax Map 81-8 (1) Parcel 17 (Sheet 23). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to a single condition. Mr. Tommy Gordon was present representing the applicant. There was no opposition present. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request subject to the following condition: A fifteen (15) foot buffer shall be maintained along Perry- mont Road. Other than landscaping and/or fencing, there shall be no facilities permitted within this buffer area. (p) Vote: Unanimous 84S098 In Bermuda Magisterial District, JOHN H. INGRAM requested Conditional Use Planned Development to permit a 5 foot exception to the required 15 foot parking setback in a General Business (B-3) District on a 3.54 acre parcel fronting approximately 849 feet on the east line of Burge Avenue, approximately 660 feet 84-497 south of Willis Road. 23). Tax Map 82-5 (1) Part of Parcel 6 (Sheet Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Ingram was present. There was no opposition present. On motion of Mr. Dodd, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan prepared by Bass Steel Buildings Corp., revised June 29, 1984, shall be considered the Master Plan. (P) In conjunction with final site plan submission, a land- scaping and berming plan for the setback area along Burge Avenue shall be submitted to the Planning Department for approval. Landscaping shall consist of ornamental trees and shrubs. (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedes- trian access. (EE) In conjunction with approval of this request, the Planning Commission shall grant schematic plan approval subject to "parking space #1," as shown on the Master Plan being deleted. (P) Note: The Zoning Ordinance requires an eight (8) foot high solid board fence or wall to be erected along the entire length of the eastern property line adjacent to residential zoning. (P) Vote: Unanimous Mr. Dodd excused himself from the meeting. 84S099 In Matoaca Magisterial District, THOMAS E. AND BARBARA M. DANCE requested a Conditional Use to permit a second dwelling on one parcel of land in an Agricultural (A) District on a 1.56 acre parcel fronting approximately 170 feet on the west line of Qualla Road, approximately 120 feet north of Chesmount Drive. Tax Map 92-8 (1) Parcel 16 (Sheets 29 and 30). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Ms. Dance was present. There was no opposition present. Mr. Applegate inquired if Ms. Dance understood this property could not be rented. Ms. Dance stated that~was understood. On motion of Mr. Mayes, seconded by Mr. Applegate, the Board approved this request subject to the following conditions: Occupancy of the second dwelling unit shall be limited exclusively to family members of the property owner. At no time shall the unit be rented. (P) The plan and renderings submitted with the application shall be considered the plan of development. (P) Ayes: Mr~ Daniel, Mr. Applegate, Mrs. Girone and Mr. Mayes. Absent: Mr. Dodd. 84S100 In Matoaca Magisterial District, DANIEL A. PATROM requested rezoning from Agricultural (A) to Residential (R-15) on a 0.87 84-498 acre parcel lying approximately 200 feet off the south line of Centralia Road at its intersection with Shiloh Drive. Tax Map 96-8 (1) Parcel 11 (Sheet 31). Mr. Balderson stated the Planning Commission had recommended approval of this request. Mr. Patrom was present. There was no opposition present. On motion of Mr. Mayes, seconded by Mrs. Girone, the Board approved this request. Ayes: Mr. Daniel, Mr. Applegate, Mrs. Girone and Mr. Mayes. Absent: Mr. Dodd. Mr. Dodd returned to the meeting. 84S103 In Bermuda Magisterial District, J. HOWARD BRANDON requested Conditional Use Planned Development to permit a multifamily dwelling (5 units) in a Residential (R-15) District plus bulk exceptions. This request lies on a 0.75 acre parcel fronting ap- proximately 103 feet on the northwest line of Osborne Road also fronting approximately 186 feet on Cliff Lawn Drive, and located in the northeast quadrant of the intersection of these roads. Tax Map 98-13 (6) Chester Heights, Lots 116, 117 and 118 (Sheet 32). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Brandon was present. There was no opposition present. Mr. Dodd inquired if the conditions were acceptable to the applicant. Mr. Brandon stated they were. Mr. Dodd stated this was one of the most unusual cases he has had because it is an existing non-conforming use that has been in existence since 1948 and because the property transferred ownership, Mr. Bardon had to apply for zoning, pay fees and spend a great deal of time and effort. Mr. Daniel stated the case that was deferred earlier today, was basically the same situation and they could not be ignored. Mr. Dodd inquired about the grandfather clause. Mr. Hedrick stated this approval would run with the property and if it changes ownership, the use will stay. Mr. Balderson stated the use was never legal and never was zoned. Mr. Micas stated property cannot be grandfathered unless the original use was legal. After further discussion, it was on motion of Mr. Dodd, seconded by Mr. Mayes, resolved that the Board approve this request subject to the following conditions: This Conditional Use Planned Development shall be for a five (5) unit multifamily dwelling. Other than normal maintenance, there shall be no exterior additions or alterations to the existing structure. (P) The plan filed with the application shall be considered the plan of development. The exceptions to number, size, paving and setbacks for parking, as reflected on the plan, shall be granted. (P) In conjunction with approval of this request, the Planning Commission shall grant schematic plan approval. (P) Vote: Unanimous 84S104 In Clover Hill Magisterial District, VIRGINIA FIRST SAVINGS AND LOAN ASSOCIATION requested an amendment to a previously granted Conditional Use Planned Development (Case 76S130) to permit a recreation facility in a Residential (R-15) District on a 3.85 acre parcel fronting approximately 500 feet on the north line of Lockhart Road also fronting approximately 250 feet on Libro Loop, and located in the northwest quadrant of the intersection of these roads. Tax Map 39-11 (1) Part of Parcel 82 (Sheet 14). 84-499 Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Jeff Collins, representing the applicant, stated the conditions were acceptable. There was no opposition present. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the Scheme 2 Plan prepared by Wilson-Moreth, Landscape Architects, dated 1/11/84, shall be considered the Master Plan. Should the recreational facilities not be constructed, single family homes, as permitted by Conditional Use Planned Development 76S130, may be constructed. (P) e A minimum of four (4) parking spaces for each tennis court and one (1) parking space for each ninety (90) square feet of swimming and wading area shall be provided. (P) Parking and driveway areas shall be delineated by concrete curb and gutter. Drainage shall be designed so as not to interfere with pedestrian access. (EE) Hours of operation shall be limited to between 8:00 a.m. and 9:00 p.m., Sunday through Thursday and between 8:00 a.m. and 11:00 p.m., Friday and Saturday. (P) Outdoor lighting shall be low level, not to exceed a height of fifteen (15) feet and positioned so as not to project into adjacent properties. A lighting plan shall be submitted to the Planning Department for approval in conjunction with site plan review. (P) A forty (40) foot buffer shall be maintained along the western property line, adjacent to Bexley Cosmopolitan, Phase IV, Block B, Lots 31 through 36. Within this buffer a six (6) to seven (7) foot high earth berm shall be installed. This berm shall have a maximum slope of 3:1 and shall be landscaped. A thirty (30) foot buffer shall be maintained along all other property lines. With the exception of a single access to Rams Crossing and a sign, there shall be no facilities permitted in these buffers. This buffer shall be landscaped to minimize the visibility of the facilities from adjacent properties. ® A landscaping plan depicting these requirements shall be submitted to the Planning Department for ~pproval in conjunction with site plan review. (P) One (1) sign, identifyin~this use, not to exceed eight (8) square feet and a height 6f four (4) feet, shall be permitted. The sign's facades shall be of subdued colors and shall not be lighted. (P) The above conditions notwithstanding, all applicable conditions of Conditional Use Planned Development 76S130 and of tentative subdivision for Bexley Cosmopolitan shall be met. (p) Vote: Unanimous 84S107 In Clover Hill Magisterial District, CHARLES H. WILLIAMS requested a Conditional Use to permit a two-family dwelling in an Agricultural (A) District on a 3.25 acre parcel fronting approximately 370 feet on the north line of Genito Road, approximately 370 feet east of Woolridge Road. Tax Map 46 (1) Parcels 64, 65, 68 and 69 (Sheet 12). 84-500 Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Williams indicated he was building a home for he and his mother. There was no opposition present. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: Occupancy of the second, accessory, dwelling unit shall be limited, exclusively, to family members of the property owner. At no time shall the unit be rented. (P) m The plan and renderings submitted with the application shall be considered the plan of development. (P) Within thirty (30) days after occupancy of the new structure, the mobile home shall be removed from the property. (P) Vote: Unanimous Mr. Applegate disclosed to the Board that he had a possible conflict of interest regarding the next case and excused himself from the meeting pursuant to the Virginia Comprehensive Conflict of Interest Act. 84S108 In Clover Hill Magisterial District, SOUTHPORT DEVELOPMENT CORPORATION requested rezoning from Agricultural (A) to Light Industrial (M-l) plus a Conditional Use Planned Development to permit use and bulk exceptions. This request lies on a 11.77 acre parcel fronting approximately 80 feet on the east line of Branchway Road, approximately 280 feet north of Southlake Boule- vard. Tax Map 17-13 (1) Parcels 6, 7, 8, 9 and Part of Parcels 5 and 10 (Sheet 8). Mr. Balderson stated the Planning Commission had recommended approval of the request subject to certain conditions. Mr. Rudy, representing the applicant, stated the conditions were acceptable. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan prepared by Balzer and Associates, dated April 27, 1984, shall be considered the Master Plan. (P) Ail utility lines shall be provided with underground distribution. (p) 3. Ail driveways and parking areas shall be paved. (P) Ail private drives and entrances shall be paved to a width of not less than 25 feet. (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedes- trian access. (EE) A buffer, not to exceed a width of thirty (30) feet, shall be established along the western property line, adjacent to Tax Map 17-13 (1) Part of Parcel 5 (Winder Property), if deemed appropriate at the time of schematic plan review (p) - e Ail uses located within 260 feet of Branc~way Road shall be limited to offices. At the time of schematic plan review, the Planning Commission may modify this condition. (p) 84-501 Thirty (30) feet of right of way, measured from the centerline of Branchway Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted, prior to the issuance of any building permit. Additional pavement and curb and gutter shall be installed along Branchway Road. (T) The proposed public road shall have a minimum right of way of sixty (60) feet which shall be dedicated by subdivision plat. The road shall be constructed to a width of forty (40) feet, face of curb to face of curb. (T) (Note: In conjunction with tentative subdivision approval for the proposed road, a plat must be submitted which verifies that the single family house located on the adjacent property will not be in violation of setback requirements upon dedication of right of way.) 10. A stub road shall be dedicated from the east/west road, northward. This road shall be dedicated by subdivision plat. The exact location of this stub road shall be determined by the Planning Commission in conjunction with the first schematic plan review, or in conjunction with review of the subdivision plat to dedicate the east/west road. (CPC) 11. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and surrounding area. The developer shall submit a construction plan to Environmental Engineering which will provide for on- and off-site drainage control. This plan shall include re- tention with a release rate equal to a two (2) year pre-developed condition for a 50 year storm. If downstream drainage improvements are needed, the release rate shall be based on a 10 year storm. The plan shall explain the method and show the facilities to be utilized in the hydraulic engineering of this project. This plan shall be approved by Environmental Engineering prior to the issuance of any building permit and implemented prior to the issuance of any occupancy permit. (EE) 12. The developer shall submit a construction plan for erosion and sediment control to Environmental Engineering. Such a plan is to be comprised of vegetative and engineering practices to be utilized as erosion and sediment control measures for the project. The plan shall be approved prior to disturbance of the soil, terrain, or existing vegetation. (EE) 13. The followIng requested use exceptions shall not be permitted: Auction sales or salvage barns Outdoor advertising signs Motor vehicles sales, service and repair Building material sales yard Farm implements and machinery sales, service, rental and repair establishments (P) Ayes: Mr. Daniel, Mr. Dodd, Mrs. Girone and Mr. Mayes. Absent: Mr. Applegate. Mr. Applegate returned to the meeting. 84S109 In Midlothian Magisterial District, KOGER PROPERTIES, INC. requested rezoning from Agricultural (A) to Office Business (O) plus Conditional Use Planned Development to permit use and bulk 34-502 exceptions on a 61.8 acre parcel fronting approximately 850 feet on the north line of Midlothian Turnpike at its intersection with Southlake Boulevard. Tax Map 17-6 (1) Parcel 1 (Sheet 8). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. He indicated there were several concerns raised by the applicant dealing with internal and external traffic. There was no opposition present. Mr. Phil Bruce, Vice President of Planning and Development for Koger Properties, Inc., was present. He outlined the Koger operations, their development and management concepts, etc. He stated this proposed development would be of the highest quality and they will do all possible to preserve all existing values and that it will maintain the same standard of excellence achieved in their 22 other office parks in the southeast. He presented a rendering of the proposed development, indicating the salvaging of as much of the vegetation as possible. He reviewed the conditions of the Planning Commission with the Board o~ which they would like changes to Condition ~6 by having a setback of fifteen feet rather than 30 feet from the north/south road which will still allow at least 25 feet of green space between the road and the parking lot and that they would berm and landscape this strip to the extent that it does not interfere with existing vegetation to be preserved; that although they agree with the need of schematic approval, for the sake of developmental flexibility, they requested that Condition #8 be deleted or amended to read "on a phase by phase or building by building basis"; they requested that Condition #9 be submitted to the Planning staff rather than the Planning Commission for the sign package; that Condition ll(b) be revised to delete the requirement for the turn lane for the west bound traffic as this improvement could be better accomplished by others; that Condition #12.a. be amended that the right of way for the road be 85 feet and that parking lot setbacks from this right of way be 15 ft. as stated in condition 6; and that Condition #16 be changed to read that this condition may be modified by the Planning Commission at time of schematic plan review. There was some concern as the conditions read by the applicant were not the same as the report distributed to the Board. Mr. Balderson stated the Planning Commission recommended that the original Condition #13 be deleted which renumbered the conditions given to the Board. Mr. Bruce introduced Mr. Flynn of Wilber Smith Associates and Mr. Pike of J. K. Timmons and Associates who were present. Mrs. Girone reviewed the conditions with the applicant. Mr. Applegate stated he did not feel the developer should pay a portion of a traffic light when another applicant was required to pay the full cost. Mrs. Girone stated that a policy should be established that if development necessitates traffic lights or changes to lights, that they will pay the full cost. Mr. Dodd stated he felt this was a different situation as there was an existing light in the other case and he is to pay the improvements but here there is no light at all and he will pay the entire cost. Mrs. Girone stated she felt this was correct as there is a development across the street who will use the light. Mr. Daniel stated this case established the need for a traffic light. Mrs. Girone inquired if there were a requirement for a traffic light in the Southport case. Mr. Balderson stated no, and the County policy overall with respect to improvements by developers at the time of Southport was not as sophisticated as it is today and they were not assessed that cost. He stated, however recently~ staff's recommendation is that if there is an immediate contribution to the traffic situation that we assess a portion of that cost to the developer. He stated if there is no impact on the traffic situation existing, but the proposed development would trigger that, we reco~nended that they pay the whole cost. Mrs. Girone stated she just felt the Board should be consistent. On motion of Mrs. C~rone, seconded by Mr. Applegate, the Board approved this request subject to the following conditions: ~4-503 e e The following conditions notwithstanding, the plan prepared by J.K. Timmons and Associates, Inc., dated 4/27/84, the textual statement and traffic analysis submitted with the application, shall be considered the Master Plan. (P) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedes- trian access. (EE) Except for land clearing activity necessary to construct the proposed north/south road from Route 60 to its intersection with the proposed east/west road, there shall be no land clearing activity within the Routes 60/147 Drainage District until a construction plan for drainage has been approved by Environmental Engineering and all necessary requirements to implement the plan have been obtained. (EE) Parking areas shall have at least five (5) square feet of interior landscaping for each space. Each landscaped area shall contain a minimum fifty (50) square feet; shall have a minimum dimension of at least five (5) feet; and shall include at least one (1) tree, having a clear trunk of at least five (5) feet. The remaining area shall be landscaped with shrubs, ground cover or other authorized landscaping material. The total number of trees shall not be less than one (1) for each 200 square feet, or fraction thereof, of required interior landscaped area. Landscaped areas shall be located so as to divide and break up the expanse of paving. The area designated as required setbacks shall not be calculated as required landscaped area. Conceptual plans depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. Detailed plans shall be submitted to the Planning Department for approval upon completion of clearing and rough grading. (P) Within the required setback areas along internal public right of way lines, landscaping shall be provided. Landscaping shall include one (1) tree for each fifty (50) linear feet, or fraction thereof. The remaining area shall be planted with grass, ground cover, or other landscape treatment, excluding pavement. Concep- tual plans depicting this requirement shall be submit- ted to the Planning Department for approval in conjunc- tion with final site plan review. Detailed plans shall be submitted to the Planning Department for approval upon completion of clearing and rough grading. (P) There shall be a minimum setback of fifteen (15) feet along the proposed north/south roadway. (P) At the time of schematic plan review for Phase I, a landscaping and/or berming plan shall be submitted for the Midlothian Turnpike frontage. Within the requested twenty-five (25) foot setback exception area landscap- ing and/or berming, sufficient to screen the visibility of driveways and parking areas from Midlothian Turnpike, shall be installed. If the Planning Commission determines that the plan does not insure proper screening, the driveways and parking areas shall be set back the required fifty (50) feet from the Mid- lothian Turnpike right of way. (P) Prior to erection of any signs, a complete sign package, to include typical colors, sizes, lighting, etc., shall be submitted to the Planning Staff for approval. Signs shall comply with the requirements of the Office Business (O) District, unless modified by the Planning Staff through schematic plan approval. {P) 84-504 10. 11. 12. 13. 14. Vote: In the event that VDH&T determines a traffic signal is warranted at the intersection of Route 60 and the proposed north/south road, the developer shall be responsible for the cost of installation. (T) In conjunction with schematic plan review or approval, the developer shall submit a plan showing the following improvements to VDH&T and the Transportation Department: Additional pavement and curb and gutter along Route 60 for the entire length of the property. Left-turn lane(s) in the Route 60 median, for both east- and westbound lanes of Route 60, at the in- tersection with the north/south road. These improvements shall be accomplished prior to the issu- ance of any occupancy permits. (T) In conjunction with schematic plan review or approval, the developer shall submit a plan to VDH&T and the Transportation Department showing the following im- provements and the phasing of construction of these improvements: Se The north/south road shall align with Southlake Boulevard. The road shall, be designed to accommodate "free" traffic movements without stop conditions, and shall stub into the adjacent property to the west. All internal public roads and private drives shall intersect the north/south road in a "T". This road shall have a minimum right of way of ninety (90) feet, which shall be dedicated by subdivision plat. This road shall have curb and gutter and shal~ be constructed with a minimum of two (2) twenty-four (24) foot lanes, divided by a minimum sixteen (16) foot median. Turn lanes shall be constructed on the north/south road at Route 60 and all crossovers. The exact location of access points to the north/south road shall be determined at the time of schematic plan approval for each individual site. Turn lanes shall be constructed on Johnston Willis Drive at its intersection with the east/west road and at its intersection with Route 60. Prior to the release of building permits in excess of 750,000 square feet, Route 60 shall be constructed as a six (6) lane facility from Providence Road to approximately 0.17 miles west of Huguenot Road. However, upon ninety (90) percent occupancy of the initial 750,000 square feet permitted herein, the developer may perform an analysis of the traffic generated by the initial phase. The results of this analysis may be used to project ultimate traffic generations for the entire development. If this study re- veals that additional square footage can be accommodated, given traffic and road conditions at that time, the Planning Commission may modify this condition. However, the total square footage permitted shall not exceed 933,800. (CPC) Except where specified herein, all public roads shall be constructed to a width of forty (40) feet, face of curb to face of curb. (T) Other than the north/south road, there shall be no access to Route 60. (T&P) Unanimous 84-505 84Sl10 In Dale Magisterial District, SHARON AND HARRY WHITAKER, JR. requested Conditional Use to permit a two-family dwelling in a Residential (R-7) District on a 0.31 acre parcel fronting approximately 85 feet on the southeast line of Willesden Road, approximately 350 feet northeast of Space Road. Tax Map 42-10 (1) Parcel 3 (Sheet 16). Mr. Balderson stated the Planning Commission had recommended denial of this request. Mr. Steve Bryant was present representing the applicant. He stated that since this matter was heard at the Planning Commission, they have collected petitions signed by 21 different people who are in favor of this request. He stated the proposal would enhance the area and it is compatable with existing construction. Mr. Ernest Macke stated his property is located directly across the street and he had submitted a petition with 44 signatures opposing this request. He stated on this street there are 19 single family homes of which 16 of the owners signed his petition. He stated they were opposed because of the encroachment into the R-7 residential district, it is strictly an investment by the builder who will not live there, it is not needed, etc. He stated he felt the duplex will be directly over a drainage ditch, there are duplexes in the area which have had a negative impact on the area, the neighbors do not want additional duplexes, this is the last lot between the residential homes and the duplexes which acts as a divider, etc. Mr. Daniel inquired if Mr. Macke's home was next door to a duplex on the street. Mr. Macke stated it was. Mrs. Girone stated the sketch indicates one door on the front with another on the side and inquired if the others were the same. 'Mr. Balderson stated the others had two doors facing the street. Mrs. Girone stated this did not appear to be a duplex. Mr. Daniel stated no one had contacted him and he was unaware of the opposition. He reviewed the housing in the area which is single family as well as duplexes and he reviewed the square footage of each. He stated he understood the concerns of the citizens but there exists similar zoning in the area but perhaps conditions could be applied to eliminate some of the residents' fears. He requested that brick and shutters be used in construction, that there be one entrance on the side as proposed, that the applicant be responsible to see that the area is maintained and that the duplex be 54 feet provided it is not shorter than the others in the area. Mr. Bryant stated the adjacent property to the north is single family and he had received a letter of consent from them. Mr. Macke stated the same landowner signed his petition opposing also, and further expressed his concern that police are called to the area often. Mr. Applegate inquired if the duplexes are owner occupied. Mr. Macke stated one was. Mr~ .Daniel stated situations like this are difficult as part of the neighborhood is opposed and part is in favor of the proposal. He stated the basic premise is the continuity of zoning and both duplexes and single family residents are in the area. On motion of Mr. Daniel, seconded by Mrs. Girone, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan submitted with the application shall be considered the plan of development. (p) The driveways and parking areas shall be gravelled with a minimum of six (6) inches of 21 or 2lA stone. Driveways and parking areas shall be delineated by permanent means (i.e., timber curbs, etc.). (p) (Note: The Zoning Ordinance requires that a minimum of four (4) parking spaces, having a minimum dimension of ten (10) feet by twenty (20) feet each, be provided on the site.) 84-506 The structure shall have brick facades and windows shall have shutters. The structure shall be at least 54 feet in length. If other area duplexes are longer, this structure shall be lengthened to equal the average length of other area duplexes. (P&BS) Prior to obtaining a building permit, a grading plan shall be submitted to Environmental Engineering showing a swale along the southern property line for proper drainage into the existing culvert along Willesden Road. The southern driveway and parking area may be relocated, if deemed necessary by Environmental Engineering, to affect proper drainage. (EE) The structure and grounds shall be maintained to the same standards as area single family homes. (BS) Mr. Micas stated condition #5 is unenforceable and is a dangerous and inappropriate precedent to begin placing long term maintenance obligations as part of zoning conditions. Mr. Applegate stated he felt there is a time when you have to have continuity but he would lean more to single family rather than the duplex and he could not support this motion. Mrs. Girone stated she felt the precedent had been established since there are many duplexes already there. Mr. Dodd stated the problem is the rental property people maintaining their property and screening their tenants. Ayes: Mr. Daniel, Mrs. Girone and Mr. Mayes. Abstention: Mr. Dodd. Nays: Mr. Applegate. 84S113 In Clover Hill Magisterial District, CHARLES K. CLODFELTER requested Conditional Use to permit a machine shop in an Agricultural (A) District on a 1.25 acre parcel fronting ap- proximately 178 feet on the south line of Genito Road, approxi- mately 300 feet east of Warbro Road. Tax Map 48-3 (1) Part of Parcel 6 (Sheet 13). Mr. Balderson stated the Plannning Commission had recommended approval of this request. There was no opposition present. Mr. Clodfelter was present. On motion of Mr. Applegate, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan prepared by Potts and Minter, dated 5/11/84, shall be considered the plan of development. (P) A fifty (50) foot buffer shall be maintained along Genito Road. Other than a single access drive and a sign, there shall be no other facility within this buffer. This buffer shall be landscaped with ornamental trees and shrubs. A landscaping plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with site plan submission. (p) 3. There shall be no outside storage. (P) The building's facade shall employ subdued colors. Prior to release of a building permit, color samples shall be submitted to the Planning Department for approval. (P) One (1) sign, not to exceed eight (8) square feet in area, shall be permitted. This sign shall employ subdued colors, similar to the building facade. The sign shall not be lighted. Prior to erection of the sign, colored renderings shall be submitted to the Planning Department for approval. (p) 84-507 o Prior to release of a building permit, forty-five (45) feet of right of way, measured from the centerline of Genito Road, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (P) e Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. (EE) The access shall be designed and constructed to allow shared use with adjacent property to the east, at such time as it develops for commercial or industrial use. (T)~ e The previous conditions notwithstanding, all bulk re- quirements of the General Business (B-3) District shall apply. (P) Vote: Unanimous 84Sl14 In Matoaca Magisterial District, ROBERT J. SEARCY requested a Conditional Use to permit two, two-family dwellings in a Residential (R-7) District on a 0.9 acre parcel fronting ap- proximately 270 feet on the north line of South Street across from Mistora Road. Tax Map 163-1 (3) Ivey Tract, Block B, Lot 38B and Tax Map 163-1 (4) Resubdivision of Lots 1 and 2, Ivey Tract, Block B, Part of Lots 1 and 2 (Sheets 41 and 49). Mr. Balderson stated the Planning Commission had recommended approval of this request subject to certain conditions. Mr. Searcy was present. There was no opposition present. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: The following conditions notwithstanding, the plan filed with the application, revised 5/15/84, shall be considered the plan of development. (P) Driveways and parking areas shall be gravelled with a minimum of six (6) inches of 21 or 2lA stone. Driveways and parking areas shall be delineated by permanent means (i.e., timber curbs, etc.) All parking areas and driveways, except for the driveway connections to South Street, shall be set back a minimum of fifteen (15) feet from the right of way. (p) (Note: The Zoning Ordinance requires a minimum of 1.8 park- ing spaces for each dwelling unit (i.e., a total of seven for this ~equest). These spaces must be a minimum of ten (10) feet by twenty (20) ~feet each. The driveway on Parcel A shall have a minimum width of twenty-four (24) feet to allow two-way traffic flow from the parking area. (P) In conjunction with building permit application, a site plan shall be submitted reflecting the conditions stated herein. (p) Vote: Unanimous 84S115 In Matoaca Magisterial District, ROBERT J. SEARCY requested a Conditional Use to permit a two-family dwelling in a Residential (R-7) District on a 0.4 acre parcel fronting approximately 82 feet on the west line of Harrowgate Road, approximately 150 feet north of South Street. Tax Map 163-1 (1) Parcel 2 (Sheet 49). 84-508 Mr. Balderson stated the Planning Commission had recommended approval subject to certain conditions. Mr. Searcy was present. Mr. John Fry stated he was concerned there was not enough property on which to build this duplex as there is a right of way to another property behind this property. He added also, the parking would be in the front of the duplex causing additional problems and block the view of the families living on both sides. Mr. Balderson explained there were two right of way issues involved in this case, one being a public right of way and another being a private easement. Mr. Mayes inquired if the 12 ft. easement has been used continuously for access to the back property. Mr. Searcy stated the Garners were selling their property and asked that he donate an easement along the side in order that it could be used for access so they could sell. Mr. Micas stated if the matter of access to this general area is impacted by this decision, the Board might defer this for a staff report as to what impact if any, this development will have on access generally. He stated generally private disputes about easements should not be considered as part of a land use decision. Mr. Searcy stated he had a survey plat of the property and would present it to staff. After further discussion, it was on motion of Mr. Mayes, seconded by Mr. Dodd, resolved that the Board defer this case until September 26, 1984 for a staff report on the easement situation. Vote: Unanimous 84Sl16 In Bermuda Magisterial District, ELLIS Y. COLEMAN requested Conditional Use Planned Development to permit a real estate and contracting business and bulk exceptions in a Residential (R-7) District on a 0.26 acre parcel fronting approximately 55 feet on the west line of Harrowgate Road, also fronting approximately 105 feet on the north line of Shop Street and located in the northwest quadrant of the intersection of these roads. Tax Map 115-10 (15) Snead-Curtis Addition, Resubdivision of Lots 37 and 38, Lot 115 (Sheet 32). Mr. Balderson stated the Planning Commission had recommended denial of the request. Mr. Ronald Hudson, representing Mr. Coleman, was present. He stated Mr. Coleman has operated for a short period of time a real estate and contractor's office at this location. He stated it was a small company and he owns the building which he has improved tremendously. He stated there was a special exception for this building for an antique shop and this would not set a precedent for commercial zoning as indicated in the staff report. He stated Mr. Coleman would be agreeable to screening, etc. and would use this until such time as other facilities are made available. He stated if this is not approved, they would need time to complete operations at the site. Mr. Paul McCoo and Mr. Pat Poulsen, area residents, stated their opposition to the approval of the request because of the residential character of the community which they wanted maintained, the hazardous and safety conditions of traffic which is generated by the business, the traffic congestion of Shop Street and Harrowgate Road, the parking of vehicles off of the pavement, that 61 people in the area are opposed per the petition presented to the Planning Commission, that children use the library which is in the immediate area and this business presents safety problems, the police have been called as the vehicles block the roadway and that this business was started without proper approval. Mr. Dodd stated he felt this was improper use of the land and had a different approach been used, something may have been worked out but as it is there is no compromise. He stated he felt four months would be adequate to relocate their business. 84-509 Mr. Micas requested that the four months time period not be made part of the motion tor denial. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board denied the request and authorized the County Administrator to work with the applicant for a reasonable amount of time (approximately 4 months) to relocate his business and cease operation. Vote: Unanimous 84S117 In Dale Magisterial District, 'LaVERNE~C. COLE AND JAMES T. WADDILL, IV requested rezoning from Agricultural (A) to Res- idential (R-12) on a 28.2 acre parcel fronting approximately 70 feet on the north line of Old Lane at its intersection with Hopkins Road. Tax Map 81-13 (1) Part of Parcel 2 (Sheets 23 and 32). Mr. Balderson stated the Planning Commission had recommended approval of this request. There was no opposition present. Mr. Alex Sadler was present representing the applicant. Mr. Daniel inquired about the road plans and the extension of Hopkins Road through this property. Mr. Balderson stated the Highway plans for Hopkins Road years ago proposed an alignment of the road but the County never really sought to do that. He stated that the zoning ordinance permits the development of road frontage properties in agricultural districts by cutting the minimum front footages and dividing them down the line of the road without zoning or subdivision approval. Mr. Balderson and Mr. Sadler explained what had happened in the area with development by others. Mr. Daniel stated he saw a map at one time tying Hopkins Road through the parcels now developed. He inquired what assurances are there in the subdivision process that Hopkins Road will be extended, that the rights of way will be dedicated, etc. Mr. Balderson stated there are no controls for road considerations. Mr. Dodd stated where there is discussion about running the road, there are historic sites and the developer is trying to retain the civil war embattlements. Mr. Daniel stated he did not see that on the plan and inquired if the applicant would amend his application and seek a planned development. Mr. Sadler stated the plan was presented to the Planning Commission. Mr. Daniel stated he would have rather had the Planning Commission approve the plan before it came to the Board and he would prefer to have their concurrence. Mr. Micas stated the Board could not compel the developer to send it back and amend it to a conditional use planned development. Mr. Daniel inquired if the applicant would return it to the Planning Commission for the conditional use planned development. Mr. Sadler stated the developers would prefer zoning as requested as this is a difficult site to do what they want to do and preserve the old plantation house, etc. Mr. Daniel stated that he felt this was complicated and he felt everything that the Board stands for is being discarded as this involves road systems as well. Mr. Balderson reviewed the Plans of the applicant and the possibility of the road alignment. He stated he felt there was nothing to be done with the development of this property to realign Hopkins Road. He stated the problem lies in the existing zoning and subdivision ordinances permitting the kind of development which has occurred based on zoning requirements without review by the Planning Commission or Board of Supervisors or staff. He stated there may be an opportunity to take a jog out of Hopkins by another alignment but staff has not reviewed this issue in detail. Mr. Balderson explained the access in response to Mr. Daniel's question as well as the breastworks in the area and their historic value. Mr. Daniel stated he did not have problem with R-15, just that there is no plan of development to go with it. After further discussion, it was on motion of Mr. Daniel, seconded by Mr. Mayes, resolved that the Board deny the request for Residential (R-12) and approve Residential (R-15). 84-510 Ayes: Mr. Daniel, Mr. Applegate and Mr. Mayes. Nays: Mr. Dodd. Abstention: Mrs. Girone. 84Sl19 In Midlothian Magisterial District, THE COLEBROOK COMPANY requested amendments to previously granted Conditional Use Planned Developments (Cases 73S022, 73S145, 74S040, 75S215, 77S205, and 79S102) to permit individual freestanding business signs in a shopping center and a 13 foot exception to the 15 foot parking and driveway setback required along Sycamore Square Drive. This request lies in a Convenience Business (B-l) Dis- trict on a parcel ~ronting approximately 1,050 feet on the east line of Sycamore Square Drive, approximately 950 feet on the west line of Sycamore Square Drive, and approximately 950 feet on the north line of Midlothian Turnpike. Tax Map 15-12 (1) Parcels 2, 46, 47, 48 and 96 (Sheet 7). Mr. Balderson stated the Planning Commission recommended approval subject to certain conditions. Mr. Willis Blackwood was present. There was no opposition. Mrs. Girone inquired if the signs were internal to the shopping center. Mr. Blackwood stated they were. Mr. Applegate inquired if the signs were to be on the sidewalk of each shop. Mr. Blackwood stated they are within 15 ft. of the store front and in most cases they will be in between the store and the sidewalk. He stated this is basically to clear up a technicality that they were sited for in violating the sign ordinance and many of the signs have been there for nine years. Mrs. Girone inquired about the drugstore that is posted with handwritten signs and if there were any control of that. Mr. Balderson stated the County staff will look into this matter and pursue it if something can be done. Mr Blackwood stated he would talk with the operator of the drugstore and voice the Board's concern of this matter. On motion of Mrs. Girone, seconded by Mr. Dodd, the Board approved this request subject to the following conditions: Io 1o Ail signs, both existing and those to be erected, shall be in accordance with the requirements of the Textual Statement, submitted with the application;· II. 1. The plan prepared by J.K. Timmons and Associates, Inc., revised July 16, 1984, shall be considered the Master Plan. Vote: Unanimous 84S141 In Midlothian Magisterial District, SOL AXEL, ET AL. requested amendment to a previously granted Conditional Use Planned Development (Case 79S078) to permit revision of the approved Master Plan and an exception to the requirement that parking spaces be ten (10) feet wide. This request lies in an Office Business (0) District on a 10.78 acre parcel fronting approxi- mately 941 feet on the southwest line of Old Buckingham Road across from Alverser Drive. Tax Map 16-8 (1) Part of Parcels 20 and 21 (Sheet 7). Mr. Balderson stated the Planning Commission recommended approval of this request subject to certain conditions with an amendment to condition #8. Mr. Sol Axel was present. There was no opposition present. Mr. Applegate required how the property would have access to Route 60. Mrs. Girone stated you would not at this point. Mr. Balderson exp].ained the road configuration. and how it could eventually carry you back to Route 60. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board approved this request subject to the following conditions: 84-511 The following conditions notwithstanding the plan prepared by J. K. Timmons and Associates, dated 6/25/84 shall be considered the Master Plan. (P) Thirty (30) feet of right of way measured from the centerline of Old Buckingham Road shall be dedicated to and for the County of Chesterfield free and unrestricted. (T) e Prior to obtaining any building permits, road and drainage plans for "Proposed Alverser Drive" shall be submitted to Environmental Engineering and VDH&T for approval. This road shall have a minimum right of way of sixty (60) feet. The road shall be designed having a width of forty-four (44) feet, face of curb to face of curb. There shall be no access to this road within 165 feet south of the northern property line. The right of way shall be dedicated to and for the County of Chesterfield, free and unrestricted, prior to the release of a building permit. This dedication shall be accomplished through recordation of a subdivision plat. (T & EE) ¸4. An additional lane of pavement and curb and gutter shall be installed along Old Buckingham Road prior to the release of an occupancy permit. (T) Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedes- trian access. (EE) A thirty (30) foot buffer shall be maintained along Old Buckingham Road. With the exception of "Proposed Alverser Road", there shall be no other facilities permitted in this buffer. This buffer shall be landscaped with ornamental trees and shrubs. Within sixty (60) days of rough clearing and grading, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (p) Internal driveways shall be designed to allow future access from this property into adjacent property to the northwest. (p) In conjunction with the approval of this request, a one foot exception to the ten (10) foot parkJ, ng space width requirement shall be granted fcr the :'Telephone Sales Computer Center" site only and for that use only. Any future office use shall be reviewed by the Planning Conm~ission to determine the appropriateness of reduced size spaces for new office uses. (P) The driveways and parking areas shall be landscaped with ornamental trees and shrubs to divide up the expanse of pavement. Within sixty (60) days of rough clearing and grading, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. (P) 10. In conjunction with the approval of this request, the Planning Commission shall grant schematic plan approval of the "Telephone Sales Computer Center" site only. (P) Vote: Unanimous H. REQUESTS FOR MOBILE HOMES 84S165 In Bermuda Magisterial District~ Clayton L. Ramey requested a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 81-16 (5) Central Park, Block 9, Lots 33 and 34 and better known as 10032 Brightwood Avenue (Sheet 23). 13 ~-512 Mr. Ramey was not present. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board deferred this case until September 26, 1984 since the applicant was not present. Vote: Unanimous 84S166 In Bermuda Magisterial District, Sarah E. Madison requested a Mobile Home Permit to park a mobile home on property which belongs to Clayton Ramey, son of the applicant. Tax Map 81-16 (5) Central Park, Block 9, Lots 35-36 and better known as 10030 Brightwood Avenue (Sheet 23). Ms. Madison was not present. There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Applegate, the Board deferred this case until September 26, 1984 since the applicant was not present. Vote: Unanimous 10. ADJOURNMENT On motion of Mrs. Girone, seconded by Mr. Mayes, the Board adjourned until 4:00 p.m. on August 29, 1984 in Room 502 to have a work session on the Nursing Home and to award bids for the bond anticipation notes relative to the literary loans for the schools Vote: Unanimous Richard L. Hedrick County Administrator ~a~ry ~. /Daniel Chairma~ 84-513